Knorr v. Velva Supply & MacHine Co.

Birdzell, J".

This is an action to recover $383.50 alleged to be due from the defendant on account of the sale by the latter of certain livestock belonging to the plaintiff for which that amount was received but not paid to the plaintiff. The defense alleged was payment. The action was tried in the district court of Ward county before a jury. At the conclusion of the testimony the plaintiff moved for directed verdict. The motion was denied and the case was submitted to the jury. The jury was unable to arrive at a verdict and was discharged. Several weeks thereafter the plaintiff moved for a-…