Fisher Flouring Mills Co. v. McClinton

This is an action for the recovery of money advanced on contracts for the sale of hay, and for damages for breach of such contracts.

The defendant interposed an affirmative defense, asking that the contracts in issue be reformed to show that they were contracts of agency, and asked for damages by reason of a breach thereof by plaintiff. At the close of plaintiff’s case, after motion by defendant for judgment, plaintiff moved for voluntary non-suit. The record is not clear as to what was the ruling of the trial court upon this question at that time, but, in any event, the case proceeded to…