Wm. R. Johnston Manufacturing Co. v. Hamilton Glass Co.

Plaintiff brought suit claiming $1,250 from defendant as the price of an inventory of glass which plaintiff alleged it had sold to defendant but which defendant failed to take. At the conclusion of plaintiff’s testimony, upon motion, the court instructed the jury to find for the defendant and from the adverse judgment plaintiff appeals.

The defense asserted is that the alleged sale being for more than $500 and the defendant not having accepted nor received the goods nor any part thereof nor given anything as earnest money, and there being no note or memorandum in writing of the contract of…