Lindsey v. Bluefield Produce & Provision Co.

Lively, Judge:

The lower court instructed the jury to find for the defendant, and upon a verdict in response to the instruction, judgment of nil capiat was entered, and plaintiff prosecutes this writ of error.

Plaintiff was engaged in buying and selling farm products, such as poultry, eggs, potatoes, butter and the like, and defendant was a wholesale dealer in such products in the city *120of Bluefield. Plaintiff shipped to defendant a box containing 50 lbs of butter and on the same day, September 20, 1920, came to defendant’s place of business for the purpose of making' a contract with it for…