Winchester v. Brown

On November 15, 1926, Truman Marshall, a farmer living near Grand Rapids, sold a milk route he had been operating and the equipment, consisting of a boiler, sterilizer, cream separator, and other articles, to the defendant. This action was brought to recover the purchase price thereof and for milk sold to the defendant. Plaintiff had verdict and judgment, which was set aside on motion, and a new trial granted. In the meantime Marshall had died, and his administrator was substituted as party plaintiff. Marshall’s testimony on the former trial was admitted in evidence. Plaintiff had verdict and…