Crapo v. Seybold

Marston, J.:

In the fall of 1874 Thomas H. Crapo sowed about sixteen *162acres of wheat on shares upon lands of third parties. In November of'the same year he made an oral agreement with Seybold to sell him (Seybold) his interest in the wheat for one hundred bushels of oats, Seybold agreeing to deliver the oats at that time or store them for Crapo until he should want to take them away. The bill of exceptions sets forth that there was evidenc.e tending to show that the final arrangement between the parties was, that the oats should remain in the bin in Mr. Seybold’s bam, mixed together with other…