Cox v. Funk

Plaintiff, a farmer, commenced this action, alleging he sold defendants, dealers in produce, a portion of his 1958 potato crop; that $8,000 of the purchase price has been paid; that he owes defendants certain advanced expenses; that defendants still owe him $6,698.28, the balance of the agreed purchase price.

Defendants denied the purchase. They pleaded that they *490acted only as brokers, who were to receive a commission of 15 cents for every bag of potatoes they handled and actually delivered to purchasers. At the trial, they urged, in the alternative, (a) that there was no sale unless delivery…