Quadro

This is an appeal by the defendant from a judgment against him for $592.09, in an action for money had and received by defendant for the use of plaintiff.

The facts which gave rise to the action are as follows: The plaintiff had rented certain land from the defendant and was to pay a crop rental of one-third of the crop raised. A written agreement had been entered into between plaintiff and McGill & Co., by which the latter was to furnish seed to plaintiff and purchase the crop of peas raised upon the land at the rate of eight cents per pound, after receiving from said crop an amount equivalent to the seed furnished. The defendant signed this contract between plaintiff and McGill, thus providing for the sale of his share of the crop. The contract also provided that ninety per cent of the purchase price should be paid when the peas were delivered to McGill & Co. and the balance after they were recleaned.

When plaintiff delivered the peas to McGill & Co. under this contract the company would not pay for the peas until they had been examined because they were defective and not fit for seed. Later McGill & Co. refused to pay for the peas at the contract price because they had been…