Weinstein v. Davis

Lees, C.

Plaintiff sued to recover $403 he had paid to defendant, alleging that false representations made by defendant’s agents induced him to make the payment. A jury returned a verdict in his favor and defendant has appealed from an order denying its alternative motion for judgment or a new trial.

On February 10, 1919, plaintiff, a commission merchant at Butte, Montana, sent a telegram to Boyer Sicard Company, brokers at Minneapolis, confirming the sale to the company of one carload of apples. For some reason he did not ship the apples and there was a claim for damages for breach of the…