Wendt v. Termier

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover on an oral contract *214for the sale of a crop of horse-radish. Plaintiff prevailed, and defendant appeals.

The facts, told substantially by the jury’s findings, were to the effect that the defendant Termier agreed to take plaintiff’s crop of horse-radish; that Max Wendt, son of the plaintiff, was present when the agreement between Tremier and the plaintiff was made; that the date and place of the agreement was the latter part of February, 1927, at the Wendt home; that the plaintiff had on hand after delivery of a…