Egan

The plaintiff commenced an action against the defendant to recover a judgment for moneys alleged to be due and owing to the plaintiff pursuant to the terms of an oral contract. The defendant appeared and filed an answer denying the material averments of the complaint and pleading an accord and satisfaction. Judgment went for the defendant and the plaintiff has appealed.

In August, 1922, the defendant bought for the plaintiff a lot of hay from one Scott. It was estimated that the lot ■contained 500 tons; but later it transpired that the quantity had been overestimated. The plaintiff informed the defendant that the actual quantity as shown by the weights was 375 tons and that he was attempting to negotiate an adjustment with Scott. Nevertheless the plaintiff paid the defendant $125.

Later in the year the defendant and the plaintiff entered into an oral contract by the terms of which the defendant undertook to go into the country and purchase hay and, after the market price had increased as the parties expected, then the defendant would sell the hay and the parties would divide the profits equally. The plaintiff undertook to finance the enterprise. So far we have stated the facts…