Vogt v. Birch

Opinion by

Mr. Justice Sci-iaeeer,

Defendant, Birch, appeals from a judgment on a verdict directed against him in the court below. He had sold all the stock, fixtures, machinery and good will of his woodworking business to plaintiff, Vogt, under a written agreement dated September 14, 1925, for the sum of $5,000, $2,000 of which was paid in cash on the day of the agreement, $1,000 more was to be paid on January 1, 1926, and the balance, $2,000, on or before April 1, 1926. The installment which was to be paid on January 1st was not liquidated and on February 20, 1926, the parties entered into a…