Witt v. Dersham

This is an action of replevin for certain hay sold by defendant to plaintiff under a verbal contract, the terms of which are agreed upon except as to the time of delivery. By the agreement plaintiff was to bale the hay at once at his own expense, and was to pay the defendant therefor $8 per ton when the hay was delivered by' defendant at the car in Holloway, a station on the Wabash Railroad. The plaintiff testified that by the agreement the baled hay was to remain in defendant’s barn until such time as plaintiff could procure a car after shipping out three car loads under prior contracts. The…