New Home Sewing Mach. Co. v. Withrow

ALEXANDER, Justice.

This suit was brought by New Home Sewing Machine Company against W. W. Withrow to recover the sum of $393.70, being the balance claimed to be due for the sale price of certain sewing machines alleged to have been sold to the defendant under a written contract. The defendant contended that he had bought the machines under an oral contract, by the terms of which'- he was to pay a stipulated price for such of the machines as he was able to sell at retail, with the right to return the remainder of the unsold machines. He alleged that he had been induced to sign the written…