Yost v. Gadd

This matter represents two proceedings in this court which have been ordered consolidated and submitted together.

The controversy involves proceedings in the district court after an appeal had been perfected from a judgment entered by a justice of the peace. In the petition before the justice, appellee sought to recover the sum of $94 claimed to be due on account, by virtue of the sale of a radio to appellant. Appellant filed a verified answer asserting three defenses, one of which was based upon the allegation that the delivery of the radio was conditional, and, as the condition was not…