Dean v. W. S. Given Co.

Whether the contract for the sale and purchase of the potatoes was between the plaintiff and the defendant, or between the plaintiff’s father and the defendant, was decided by the jury, on a closely contested issue, in the plaintiff’s favor.

There also was sharp conflict concerning other facts.

The further story, which the verdict declared, was this: Having, as he estimated, one thousand bushels of merchantable potatoes, commingled with what remained of the rest of a crop stored as it was dug, in the cellar of his father’s house, the plaintiff phoned the defendant’s agent soliciting him to buy.…