Browning v. McNear

The plaintiff brought this action to recover $6,632.27 alleged to be the balance due him for 21,277 sacks of barley sold and delivered by him to defendant, at the agreed price of 81-j- cents per one hundred pounds.

The defendant, who had received, accepted, and used 20,445 sacks thereof, claimed that the original transaction was no more than an executory agreement for the sale of the 21,277 sacks, at the price named, and alleged, by way of counterclaim, that “said barley was to be delivered to said defendant free on board barge at Eddy’s Landing, California, in good order and condition, and…