McKinnon v. Holden

Barnes, ‘J.

This was an action to recover the purchase price of a certain lot of corn alleged to liaAre been sold and delivered by plaintiff to defendant. It appears that at the conclusion of the evidence in the district court the jury Avere directed to return a verdict for the plaintiff. Judgment was entered on the verdict, and the defendant has brought the case here by appeal.

Tavo principal grounds are urged for a" reversal of the judgment, Avhicli are: (1) The court erred in overruling defendant’s motion to strike the plaintiff’s petition from the files because of a variance or change of…