R. E. McDonald Co. v. Goldberg

This suit was instituted by appellant to recover of appellee on an itemized account for merchandise shipped to appellee of the value of $459.25. The decision of the case turned on whether appellee had confirmed the order for the goods made by his clerks. The jury found that he had not, but that he had paid certain freight on the goods amounting to $24.91. The court rendered judgment that appellant take nothing by its suit, and that appellee recover of it the amount of the freight paid by him.

[1] The evidence showed that appellee had not ordered the merchandise, nor had he authorized his…