Baker v. McDonald

Duffie, C.

McDonald brought this action in replevin to recover from Baker certain hay of which he claims to be the absolute owner. On a trial to the court without a jury, judgment went in his favor, and Baker has brought the case here on error.

The parties entered into a contract relating to the hay in question and signed the following memorandum:

“Fremont, Neb., Oct. 9, 1902.

“This day I have sold to Thomas Baker thirty stacks of hay at $2.75 per ton in the stack, for which I have re*597ceived $100. The bay- is to be measured in tbe stack. This bay is to be moved off tbe ground before March 1, 1903.

“…