Frank Heierman & Bro. v. Robinson

KEY, Associate Justice.

Appellee sued appellant in the County Court for $297, consisting of three items, viz.: (1) Difference between the contract price and market price on resale of 2000 bundles of ties, $192; (2) 2y2 per cent commission on the resale, $45; (3) storage of ties, $60.

Appellants in their answer, among other things,.alleged that the items for commissions and storage were fictitious, and were placed in the plaintiff’s petition for the fraudulent purpose of bringing the case within the jurisdiction of the County Court. There was a jury trial, resulting in verdict and judgment for…