Braden

Action to recover damages for failure of the defendant to deliver a part of certain personal property alleged to have been included in an agreement of sale. The plaintiff recovered judgment and the defendant appeals therefrom.

The court found that the defendant agreed to sell and deliver to the plaintiff, and the plaintiff agreed to purchase from the defendant, “a certain salvage stock consisting of the following approximate articles, to wit”: the same being certain stated quantities of glass jars and other articles.

The court found that the defendant refused and failed to deliver to plaintiff certain items contained in that list. Appellant contends that these findings are not sustained by the evidence.

The contract was in writing. It described the property sold as follows: “a certain salvage stock from Willets & Green. The approximate amounts of said goods are as follows”; stating the quantities of the various articles. Overruling objections of the plaintiff, the court permitted the defendant to introduce testimony, and correspondence of the parties, for the purpose of establishing the actual intention of the parties, and then decided on the evidence that the facts were as…