
    No. 652
    KIRCHNER v. SAW MILL & LUMBER CO.
    Ohio Appeals, 8th District, Cuyahoga County
    No. 4346.
    Decided May 24, 1923
    This opinion has not been published except in Abstract.
    172. EVIDENCE.
    Recovery based on proof that goods were billed to a person and charged to him on books of company to his knowledge.
    Note: Opinion fails to disclose to whom goods were delivered .and upon whose authorization.)
    SAYRE and MAUCK, 4th District, sitting.
    Attorneys — Quigley & Byrnes, for Kirehner; Young, Stocker & Fenner, for Lumber Co.
   PER CURIAM.

Epitomized Opinion

-Action by Lumber Co. for certain materials. Evidence disclosed that the materials were billed by Lumber Co. to Kirehner, charged to him on books of the Company, that Kirehner knew that bills and delivery slips were made out in his name, that Kirchner was-told that the-material would be delivered in his name. Cuyahoga Common Pleas rendered judgment for Lumber Co. Court of APPeals' in affirming judgment held:

1. From examination of the records it is impossible for this court to say that the judgment is against the manifest weight of evidence.  