Lyng v. Bugbee Distributing Co.

—The writ of error brings for review judgment of the Circuit Court in favor of the defendant in a suit wherein the plaintiff claimed the sum of $719.15, the difference between the contract price of potatoes sold by plaintiff to the defendant and the down payment of $500.00 made by the defendant to the plaintiff on delivery of the potatoes.

Jury was waived and the .case was tried before the Judge.

The Judge made findings of fact as follows:

“Finding No. i: The Court finds that, while it may be that Captain William Lyng was of the opinion that he had sold his potatoes to the Bugbee Distributing…