Brown v. Rogers

Maxwell, Ch. J.

This action was brought on the following due' bill:

“Eva, Neb., Nov. 4th, 1884.

“ Due Woods & Batey, balance on Bird windmill, fifty dollars ($50). '

“ [Signed] W. Eogers & Bro.

“Endorsed, ‘December 30th, 1884, received five ($5) dollars by J. G. Woods. Please pay to the bearer forty-five ($45) dollars. ■ Batey-& Woods.’”

On the 19th day of January, 1886, defendants filed their answer as follows:

“Defendants for answer to plaintiff’s petition herein filed state:

“ First. That on or about the ......day of....... 1884, these defendants entered into a verbal contract with Batey ■& Woods,…