Lewis v. Evans

— Tbe averments of tbe petition are, in substance, tbat tbe defendant orally agreed to pay tbe plaintiff ten cents a busbel for one thousand five hundred bushels of com delivered at Lobrville, to be shelled from a crib selected by tbe defendant, and com unfit for shelling to be thrown out; that, in pursuance of this understanding, the defendant pointed out the crib, and the plaintiff sorted and shelled the corn therefrom, which he would not otherwise have done, and undertook to deliver it as agreed, when defendant refused to accept it; that plaintiff has been damaged in the sum of fifty-two…