Francis v. Merkley

Plaintiff brought this action to recover the value of a C. L. Best 75 horse-power tractor and one set of John Deere plows, which he claims to have sold to the defendant, and he had judgment for the sum of $1,995, from which judgment the appeal has been taken.

Appellant states that the “appeal is taken upon the following grounds: 1. That the arrangement between plaintiff and defendant and the delivery of the memorandum was contingent on Davenport doing sufficient work under his contract with the defendant to entitle Davenport to a payment of $2,500, the agreed value of the tractor, and that the…