Oldham v. McClanahan

JUDGE PETERS

delivered the opinion on the court !

After a very careful examination of the evidence in this case, we have been unable to find from it that appellant had paid any part of the purchase price of the tobacco.

*417In the writing evidencing the contract it is recited that one Joseph Brown had sold to appellant his crop of .tobacco, then growing in the patch, for and in consideration of seventy dollars paid to him in hand in cash, and had delivered the tobacco to said Oldham in the patch.

The recitals in the writing are not evidence against strangers to the transaction, and in order to enable…