Heckaman v. Myers Produce Creamery, Inc.

This is an action brought by appellee against appellants to recover a sum of money alleged to be due under an oral contract for the sale by appellee to appellants of certain articles of personal property, including a number of ice cream cabinets and soda fountains, and for a gallonage fee of ten cents per gallon on each gallon of ice cream sold from said cabinets and fountains during a period of one year after the alleged sale. Trial to a jury resulted in a verdict in favor of appellee for $11,085.00. Judgment accordingly.

The question presented by this appeal is one of fact. The parties are…