E. T. Gray & Sons v. Ralston Purina Co.

The cause was tried on the common counts for goods, wares, and merchandise sold and delivered by plaintiff to defendant, and on a count claiming for an account due. The plaintiff’s evidence tended to prove that it sold and delivered to defendant, and that defendant received, 200 sacks of chicken feed at the aggregate price of $570, the amount claimed in the several counts of the complaint; that the sale was to have been for cash, but that defendant received the feed and failed to pay the' cash therefor.

It is insisted by appellant that, because the sale was to have been a cash transaction, and…