Best v. Boyer

This is an appeal from an order of the district court of Lake county granting a new trial after judgment for defendant.

The action was prosecuted to recover upon a trade acceptance. In 1931 defendant W. J. Boyer, appellant here, was engaged in the retail merchandise business at Arlee, Montana. He ordered a shipment of salt from the Acme Stock Salt Company (hereinafter called the salt company), of Tiffin, Ohio. At that time he made and accepted two trade acceptances and delivered them to an agent of the salt company from whom he ordered the salt. Subsequently the salt company sold and…