Gibbon Farmers Elevator Co. v. Herschmann

Lees, C.

Plaintiff sued on an account for goods sold. The defense was that payment had been made by the delivery of a tractor to plaintiff. The jury found against defendant. A new trial was denied and he has appealed.

The one issue in the case related to the terms of the agreement under which defendant made delivery of the tractor. Defendant introduced evidence showing that plaintiff’s manager offered to allow him to order machinery from its stock to the amount of $400 and to accept the tractor in payment therefor and that it was delivered in acceptance of the offer. Plaintiff’s evidence tended…