Atkins v. Nicholson

This was an action commenced by Atkins against Nicholson, before a justice of the peace, on an account for three dollars and ninety cents, for six and a half bushels of worthless Irish potatoes, sold to plaintiff as “good potatoes.” On *489a trial before tlie justice, a verdict and judgment was recovered by plaintiff, and the defendant appealed to the law commissioner’s court; where atrial anew was had, which resulted as before in a verdict and judgment for plaintiff, from which defendant has appealed to this court. The evidence on the trial, preserved in the bill of exceptions, shows the sale of…