El Paso Milling Co. v. Davis

From a judgment entered in favor of the defendant in the circuit court the plaintiff appeals. The suit was brought for a balance alleged to be due on the purchase price of some onion crates sold by plaintiff to defendant. The cause of action is based upon an express contract. The petition alleges that plaintiff sold and delivered to defendant a carload of onion crates, 5000 in number, at and for the sum and price of $725, which sum and price defendant then and there agreed to pay. 'Defendant made several cash payments. and returned 1500 crates to the plaintiff and plaintiff gave defendant…