Chase v. Evarts

This is an appeal from a judgment for the defendant on the decision of the court before which the ease was tried without a jury. The complaint was for trees, shrubs, and nursery stock sold and delivered. The defense was breach of warranty, and that the articles were worthless. It is claimed that the contract of sale was in writing, and that the court erred in admitting paroi evidence of a warranty by the plaintiffs. The defendant denied signing any contract, and the trial court found this question in his favor. This finding we are asked to reverse as against the weight of evidence. Even if…