Stancliffe v. Corn

Plaintiff, Bert Stancliffe, is engaged in the business of packing fruit at Phoenix, Jackson county, Oregon. Defendant, E. C. Corn, is a grower of fruit in that vicinity. Plaintiff brought this action to recover the sum of $889.20, with interest, as the agreed price at forty-five cents per box, for packing, at defendant’s special instance and request, 1,976 boxes of D’Anjou pears. Plaintiff recovered a verdict and judgment, and the principal question in this appeal is whether the plaintiff made out a case sufficient to submit to the jury.

It is the defendant’s theory that the uncontradicted…