Hafner v. Burke

The allegations of the complaint are to the effect that defendant is indebted to plaintiff for the handling of 13,482 pounds of wool during the year 1947 at one cent per pound.

Defendant answered alleging that plaintiff agreed to handle the wool at one-half cent per pound; that plaintiff has refused to accept the amount due under the agreement and tendered by defendant; and that since such tender defendant has at all times been and still is ready and willing to pay the same and tenders the amount into court.

After trial the court found (1) that plaintiff agreed to perform the services at an…