General Tire & Rubber Co. v. Hamm

This is an action by an assignee to recover on an account for merchandise sold and delivered to Claude L. Hamm by the Rapid City Tire and Tread Company, a corporation. Subsequent to the commencement of the action the defendant died and the administratrix of his estate was substituted as the party defendant. Verdict and judgment were entered for defendant. The assignments predicate error upon the adverse rulings of the court upon plaintiff’s motions for a directed verdict and for judgment n.o.v. and upon certain of the court’s instructions. Respondent has not filed an answering brief in this…