Carmichael v. Stone

Plaintiff brought suit against defendant to recover damages on an alleged contract for the sale of three carloads of wool, alleging that the defendant failed to perform said contract by refusing to deliver to plaintiff the wool in question. The defendant denied any such contract or sale. The court tried the case without a jury. When plaintiff rested the court directed a verdict in favor of the defendant. This appeal followed.

The controlling question is: Was there such a contract between plaintiff and defendant and if so, did the defendant fail to perform it? The burden was upon the plaintiff…