Talmadge v. Lane

Thé defendant appeals from a judgment rendered before a justice of the peace of the town of Victor, upon a verdict of a jury.

In the month of May, 1895, the plaintiff and the defendant made a verbal agreement that the plaintiff was to raise a crop of potatoes, *732which the defendant was to purchase in November at the agreed price of forty cents per bushel. Thereafter the plaintiff tendered to the defendant the marketable potatoes so raised by him, being 550 to 600 bushels, for which the defendant declined and refused to pay.

The defendant contends that as the agreement was one of sale, and the…