Bromley v. Dauer

The action is to recover the agreed price of a book sold. The whole question is whether there was sufficient evidence to sustain the action. The only witness for plaintiff was a collector, who knew nothing about the sale. His testimony failed to prove any sale, and defendant testified the book was left on approval. The motion to dismiss should have been granted. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.