Woodbine v. Van Horn

W. H. Woodbine’s action for conversion is based upon a memorandum in writing signed by him and H. R. Van Horn concerning the sale of cord wood. As grounds for the reversal of the judgment in favor of Woodbine, Van Horn attacks the trial court’s construction of the agreement and also the measure applied in fixing the amount of damages.

The complaint is in four counts. The first count pleaded the writing as being in these words: “For and in consideration of the promises and agreement of the parties hereto, and of the moneys paid and to be paid as hereafter set out, H. R. Van Horn, hereby sells…