Emerson-Brantingham Implement Co. v. Burlingame Coöperative Elevator Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action .on account for merchandise sold. The principal item on the account, and the only one here in con*732troversy, was for a plow. Defendant answered, in substance, that a named agent and salesman of plaintiff solicited defendant to purchase from plaintiff the plow in question; that defendant was interested in the plow and had a prospective purchaser therefor if the plow would cut a seven-inch furrow six feet in width when pulled by a Fordson tractor; that plaintiff’s agent requested defendant to sign an order for the plow, but…