Price v. Advance-Rumley Thresher Co.

The appellant Price sued appellee to recover damages alleged to have resulted by reason of defendant’s failure to deliver all of a certain threshing outfit, which appellant had ordered from appellee for the purpose of threshing certain crops of wheat in Floyd county. The substance of the second'amended original petition is that on or about the 26th day of April, 1921, the appellee company, through its agent, one Jones, entered into a written contract with appellant to sell, and did sell him, a certain threshing outfit, which is described in the petition, consisting, among other parts, of “one…