Rains v. Maxwell House Co.

This cause was commenced before a justice of the peace. It was tried before the circuit judge on appeal, on an agreed statement of facts, without the intervention of a jury.

The agreement is in the following words: “In this cause it is agreed and stipulated by and between counsel representing plaintiff and defendant that the following facts are true, and that the same are all the ma-erial facts involved in the litigation, and that the same may be treated in all respects on the trial of this case-as competent and uncontradicted testimony:

*221“On July 13, 1902, A. B. Rains, the plaintiff in this…