Whipple v. Sherman

This is an appeal from a judgment dismissing the plaintiff’s complaint, with costs, rendered in Justice’s Court of the town of Eaton on the 9th day of December, 1921.

The action was for the purchase price of a cow sold by the plaintiff to the defendant about August 1, 1921, at the agreed price of fifty dollars.

The plaintiff was a farmer and the defendant was a butcher and retail dealer in meat, having a meat market at Bouckville.'

There is no serious dispute about the facts. Plaintiff was in defendant’s market and heard one of defendant’s men say to defendant, “ We have got to have a beef,” or…