WHISENANT v. WILLINGHAM

7 Div. 708.

157 So.2d 453 (1963)

R. P. WHISENANT v. Mary WILLINGHAM et al.

Court of Appeals of Alabama.

November 5, 1963.


Attorney(s) appearing for the Case

Markstein & Cain, Birmingham, for appellant.

Embry & Whitten, Pell City, and J. Scott Vowell, Birmingham, for appellees.


CATES, Judge.

Mr. and Mrs. Willingham ran a gasoline filling station. Mr. Whisenant bought gasoline from them. They got judgment for $607.63 against him on action for account.

Mr. Whisenant asked for the affirmative charge and moved for a new trial. Both these requests were denied.

The appellant argues two points:

1) That the verdict is contrary to the great weight (and preponderance) of the evidence; and

2) That there was a fatal variance...

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