Schwartz v. Nunnally Co.

Sol Schwartz sued the Nunnally Company and others, for damages arising from an alleged unjustifiable assault committed upon him by an employee of the company. The facts developed by the evidence of the plaintiff are substantially as follows: Schwartz visited the Nunnally store on July 28, 1937, in company with a young lady. They had lunch in the store, and when they finished he was presented with a check for $1.05. After finishing lunch they were proceeding to leave the store, and the young lady with him met some acquaintances and stopped to talk to them; and he walked on to pay his check. He…