Wadsworth v. Edwards

Tbe parties to this proceeding in error stand related as they stood below. The case originated in a justice court and was appealed to the common pleas, where a jury trial was waived and judgment rendered for the plaintiff, but only in a nominal sum. This he alleges was error, for his’ action being on a contract of sale, repudiated by the buyer, and for the purchase price of the goods sold, he urges that he should have recovered all or nothing. We think he should have recovered nothing.

The contract was as follows:

*374“Cleveland, Ohio, Nov. 15, ’04.

“Agreement between F. H. Edwards of Cleveland,…