Alston v. Moats

Plaintiff sued for the price of one engine alleged to have been sold to defendants in the year 1924 for $175, which price, he alleges, has never been paid. The defense is double barrelled. First, they deny purchase, of the engine, and allege it to have been bought by M. B. Smart, the husband of defendant Mrs. T. O. Smart; and, second, that the plaintiff had agreed to take back the' engine and cancel the debt. The second defense does away with the first, and the sole question before us to decide is: Was the agreement to take back the engine such an agreement. that would constitute a sale and…