Puckett v. First National Bank

This is an action to recover the amount due on an oral contract for mowing, raking, and baling hay. According to plaintiff’s evidence, “The contract was for eighteen cents, and I would give him 60 to seventy pound bales.” Several witnesses testified that the bales of hay weighed from 30 to 40 pounds. This evidence was in no manner disputed by the plaintiff. It cannot be questioned that the same amount of hay would produce more 40-pound bales than 60-pound bales. In accordance with plaintiff’s own evidence, the contract was *554not performed in accordance with its terms.

The majority opinion relies…