Perkins v. Brown

This action was commenced in justice’s court to recover upon a promissory note. Defendant had judgment. On appeal to the circuit court the cause was tried before a jury, and defendant again prevailed. The note was given upon the sale of fruit trees to be set out upon defendant’s farm. A written order, signed by him, was given for the trees, stating the amount to be paid at $111.50. This order was given in August, 1895. De*42fendant’s contention was that when he signed this order it was agreed by plaintiff’s agent, to whom the order was given, that plaintiff would set out the trees and care for…