Heidelberg v. Newton

(after stating the facts as above).

We think the judgment is erroneous. It appeared without dispute in the testimony that possession of the property appellee purchased was delivered to him, and that he had moved parts of the building and all of the furniture and furnishings therein to a warehouse he owned at the time ap-pellant committed the trespass complained of. It 'was not-pretended, that any of the property appellee purchased was not delivered to him, nor that any of that delivered to him was not as it was represented to him to be at the time he purchased it. Clearly, therefore, appellee…