L. J. Mueller Furnace Co. v. J. A. Battin Stove Supply Co.

Mr. Justice, Campbell

delivered tlie opinion of tlie court.

This is an action by the Mueller Furnace Company of Milwaukee against tbe Battin Stove Supply Company of Denver for tbe price of a carload of furnaces which under an oral contract plaintiff company agreed to sell and the defendant company agreed to buy during the year 1922. Before the plaintiff had concluded its case, and while one of its witnesses was on the stand, the court stopped the examination and peremptorily directed the jury to return, and it returned, a verdict for the defendant and the action was dismissed. Thé basis of the…