Bohy v. Abbott

Henry C. Bohy brought this action in the district court for Garfield County against Charles B. Abbott, Claude Abbott, and Clair Abbott, doing business as Abbott & Sons. The purpose of the action is to recover a balance claimed due for corn sold and delivered to defendants. At the close of the trial defendants moved for a directed verdict. This motion the court sustained. Plaintiff thereupon filed a motion for new trial and appeals from the overruling thereof.

Appellant testified that on April 2, 1946, he sold 330 bushels of corn to the defendants on condition that he could pick the price…