Vantrees v. Trimble

This is an action to recover the sum of $500. At the close of plaintiff’s evidence the court gave to the jury defendant’s instruction in the nature of a demurrer to the evidence, resulting in a verdict and judgment in favor of defendant and plaintiff has appealed.

The facts show that defendant owned a drug store, consisting of stock and fixtures, in Butler, Missouri, which he desired to sell. Plaintiff lived in Denver, Colorado, but had formerly lived in Butler and had visited there in April, 1920. Defendant called on plaintiff while in Denver in July or August, 1920, and the sale of the store…