Hodge v. Garten

Woods, Judge:

This is an action in assumpsit to recover the contract price, less credits, of certain mine posts which plaintiff claims to have sold defendant. The latter complains of judgment against him.

Plaintiff bases his right to recovery on a written contract, executed February 17, 1933, which, after omitting the introductory and signatory paragraphs, reads:

“Witnesseth: That for and in consideration of the sum of Five Hundred ($500.00) Dollars cash in hand paid to the party of the first part by the party of the second part, and the further consideration hereinafter mentioned, the party of…