Julian v. Carpenter

This appeal is from a judgment for $1,221 in favor of the plaintiff (appellee), a farmer, and against the defendant (appellant), a handler of field-grown crops. The suit involved the recovery of payment for 88,800 pounds of yellow globe onions grown by plaintiff. Plaintiffs amended complaint set up alternative causes of action. The first cause was predicated upon a sale and delivery under a written vegetable contract. The second relied upon a bailment and a conversion thereunder. The amount asked for under the two counts was identical. The defendants answer was a general denial to each count. Judgment was entered for the full amount asked without the court specifying whether judgment was being awarded upon the contract or upon the bailment.