Backes v. Madsen

This is an action for the contract price of fruit trees which plaintiff alleges he sold and delivered to the defendant. The defendant prevailed, and the plaintiff appeals.

1. The jury were instructed: “'You are instructed you will consider solely the one question of whether or not the defendant, Madsen, accepted or made use of the trees, or any portion thereof, mentioned in the contract attached to plaintiff’s petition, after they were left at his place by the plaintiff in October of 1906. If he did so accept, or at any time thereafter exercise dominion or control over said trees, or any…