McCormick Harvesting Machine Co. v. Cusack

The plaintiff sued the defendant, in an action of assumpsit, to recover the price of a binder. The circuit judge directed a verdict for defendant. Plaintiff appeals.

*648' The testimony on the part of the plaintiff was substantially as follows: Mr. Grutsch, a traveling salesman for plaintiff, visited defendant, and urged him to sign an order for a harvesting machine. The witness said:

“I had my order drawn up, ready, trying to have him sign the order, and sell him the machine; showed him the contract, and everything; and he broke out of the binder conversation, and wanted to know if we handled corn…