Birkner v. Purdon

This is an action on an oral contract for the sale of Christmas trees. Plaintiff Birkner, a grower and wholesaler of scotch pines, sued to recover an unpaid purchase price due on the contract. Defendant Purdon, a lot-retailer, counterclaimed, alleging that the trees delivered did not meet contract requirements and were of inferior quality. The case was tried by the court sitting without a jury. From a judgment awarding defendant his counterclaim, plaintiff appeals.

At trial, defendant testified that he had ordered “Number One” trees — a designation generally used in the field of Christmas tree…