Whaley

A judgment, after verdict of a jury, was entered against the appellant, defendant below, for tho sum of $3,924.70. The sum stated represented a balance of the price of a lot of potatoes, which appellee alleged in his complaint had been purchased from him by appellant. By the complaint it was alleged that in March, 1928, plaintiff and defendant entered into an agreement for the sale by the plaintiff to defendant of 1,750 bags of No. 1 potatoes at the agreed price of $2.15 per 100 pounds, and 700 bags of No. 2 potatoes at the agreed price of $1.40 per 100 pounds; the same to be delivered by the plaintiff to defendant on board cars to be furnished by the defendant, such delivery to be within a reasonable time after the date of sale, and purchase price to be paid at the time of delivery.

It was alleged that two carloads of potatoes wore delivered and paid for; that the vendee refused to request further delivery of potatoes or to furnish cars upon which to load the same, and refused to make a further payment on account of tho agreed purchase price. Allegation was made that, during the time that the vendor waited for the request from the vendee for further deliveries to he made, the…