Robinson v. Thoma

The opinion of the court was delivered by

Hadley, J.

This action was brought by appellant against respondent to recover a quantity of hay, or the value thereof. It is alleged that on the 20th of .June, 1900, appellant purchased of respondent a quantity of hay, estimated by both of them to be 100 tons, and that the agreed price was $5.50 per ton; that, in pursuance of the agreement then made, appellant paid respondent the sum of $10, and respondent signed and delivered to appellant a writing, of which the following is a copy:

*130“Received from W. W. Robinson ($10) ten dollars, bn acct. of 100 tons…