HARWOOD, Judge.
The appellant here was the defendant in the detinue suit below. The subject matter of the suit was a truck. The case was submitted to the court without a jury, and judgment was rendered in favor of the plaintiff (appellee here) for the truck, or its alternate value.
The agreed statement of facts upon which the case was submitted is as follows:
"1. On and prior to the 14th day of July, 1948, O. B. Roberson, who was engaged in the business...
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