Evans Implement Co. v. Thomas Industries, Inc.

Hall, Judge.

The plaintiff’s evidence was presented by cross examination of the defendant’s president, who identified an invoice describing a shipment of saws and display racks received by the defendant. The witness testified that the price stated on the invoice was correct for the saws shipped; the invoice was received following the shipment; the defendant still had most of the saws, and had sold some. The invoice, providing for payment in 30 days, was admitted without objection.

The defendant presented testimony of its president as follows: A salesman of the plaintiff came to see him and…