Merz v. Poole

This is an appeal by the defendant from"' the judgment herein in favor of the plaintiff. The facts are summarized in appellant’s opening brief as follows:

“Plaintiff is engaged in the sale of automobile tires in the city of Marysville, and the defendant is by occupation a jeweler. It appears that on December 12, 1925, one Dave Johnson, the owner of a motor-truck, called upon plaintiff at his place of business about ten o’clock in the morning and sought to purchase two tires for his truck, on credit. Johnson had a hauling contract with the Yuba River Lumber Company, a corporation, of which the…