Price v. Weisner

The opinion of the court was delivered by

Porter, J.:

This is an appeal from a judgment sustaining a demurrer to the plaintiffs’ evidence. The plaintiffs sought to recover $360 for goods, wares and merchandise sold and delivered to the defendant at his special instance and request, according to the terms of an alleged' written contract. The petition set up a copy of the written instrument, which included an order for the shipment of goods to the amount named. The answer admitted signing the order and denied the other material averments of the petition. The follow*344ing are the only portions of the…