Yoho v. Thomas

Miller, Judoe:

The subject of this suit, begun before a justice, and tried de novo on appeal in the circuit court, was an alleged breach of a contract between plaintiff and defendant for the alleged sale and purchase of two hundred bushels of potatoes. Plaintiff obtained judgment before the justice for fifty dollars. In the circuit court, after plaintiff had introduced all his evidence, the court, on motion of the defendant, struck that evidence out and directed ■a verdict for defendant, upon which the verdict of nil capiat was pronounced.

The only contract proven, if one was in fact proven,…