Fair v. Martin

This action was commenced in justice’s court to recover from the defendant the value of 102 barrels of apples, which plaintiff claims to have sold him for $1.65 per barrel. The plaintiff had judgment in that court. The defendant appealed to the circuit court, where he prevailed. On the trial there the plaintiff testified as to the contract as follows:

“I had some business relations with him [defendant] *613regarding the sale of apples last fall. I had one meeting with him in Durand. Mr. Martin talked with me in Durand about buying the apples, and I asked him what he was paying. He said, ‘$1.55,’…