George v. Leypoldt & Pennington

Welch, District Judge.

■ This is an action brought by Henry George, plaintiff and appellee, to recover from Leypoldt & Pennington a balance which plaintiff claimed to be due him from defend' ants for seven stacks of hay which plaintiff alleged he had sold and delivered to the defendants through their agent, one Charles Carlton, at the sum of $18 a ton and for which the defendants had paid but $466. The defendants denied that said Carlton acted as their agent in'the purchase of any hay from plaintiff. They further alleged that they purchased of said Carlton 24 stacks of hay, which was to be…