Griffin v. Berry

Plaintiff below, doing business under the name of Hansford Berry Company, at Rogers, Tex., sued John R. Griffin, in the county court at law of Tarrant county for certain wares and merchandise alleged to have been sold and delivered to the defendant by the plaintiff. From a judgment for plaintiff, the defendant has appealed.

Opinion.

It is alleged that there is a fatal variance between the allegata and probata, in that the plaintiff alleged that he furnished the merchandise to defendant, while the proof offered showed that he furnished the goods to W. A. Ashcraft on the order of J. D. Deal, who…