Radloff v. Bragmus

Julius J. Olson, Justice.

Action to recover the balance of the purchase price of a flock of .turkeys claimed by plaintiff to have been sold to defendants on November 9, 1940. When plaintiff rested, defendants’ motion to dismiss was granted because, in the court’s opinion, he had failed to make a prima facie case. He appeals from an order denying his motion for a new trial.

There is very little of dispute in the evidence. Viewing it in the light most favorable to plaintiff, the jury could have found these to be the facts: Over a period of some years plaintiff has been engaged in the business of…