Supreme Court of Oklahoma November 13, 1908, No. 2141, Okla. T. (J. Rosenbaum Grain Co. v. Pond Creek Mill & Elevator Co.)

Hayes, J.

(after stating the facts as above). Plaintiff insists upon reversal of this case upon two grounds: First, .that the court erred in not granting plaintiff a new trial, for the reason that the verdict of the jury is not supported by sufficient evidence, and is contrary to law; second, that the court erroneously gave to the jury an instruction which we shall discuss later.