Brown & Lowe Co. v. Potolski

Potolski was working out a highway contract. The plaintiff delivered, and claims that he sold for an agreed price, a second-hand road machine to Potolski. The machine was never returned to plaintiff, but defendant, after demand, refused to pay for it. This action is brought to recover the selling price. Defendant’s position is as follows: He did not purchase the machine. *300He took it on approval to “ try it out ” and if found in good condition he would keep and pay for it. This position is conclusively shown by the correspondence between the parties. Defendant wrote on August 23, 1924, in reply…