Firestone Tire & Rubber Co. v. Robinson

Magney, Justice.

Plaintiff appeals from an order denying its alternative motion for judgment or a new trial.

Plaintiff in its complaint seeks recovery of $105, claiming that defendant is indebted to it in that sum for goods sold and delivered by it to defendant at his request. In his answer, defendant sets out that on or about June 17, 1946, he ordered “by telephone conversation” three tires to be delivered to him at the plant of the Minnesota Poultry & Egg Company, where defendant was stationed as a government inspector. He further pleads that the tires were delivered to the above company, to…