McCormick

This is an action to recover $1,000, as the agreed price for the sale of certain property, consisting of buildings, a pair of scales, refrigerator, a cold-storage plant, one tank and frame, etc. The ease was tried with a jury, and the verdict was for defendant. From the judgment, and an order denying a new trial, the plaintiff has appealed.

Plaintiff held the lease of certain biitcher-shops and the premises pertaining thereto. The defendant was the lessor. The lease was for a period of five years, with the privilege of a further term of five years. It also provided that the lessee should have the right to remove from the premises all improvements placed thereon during the term. She placed certain improvements thereon. It is now claimed that plaintiff sold these improvements to defendant, and this action is brought to recover the purchase price. The evidence as to the sale is squarely conflicting, the agent of plaintiff testifying directly to the sale, and defendant himself testifying to the contrary. His evidence is to the effect that he agreed to give $1,000 for this property if plaintiff gave up possession of the premises at the expiration of the five year term. It also appears…