Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge.
McIntosh & Cooke, for Appellant.
P. M. Bowler, for Respondent.
By the Court, McCarran, J.:
This is an action brought by Herring-Hall-Marvin Safe Company, a corporation, against Letson Balliet, to recover the price of two safes. The complaint alleged two causes of action; one for the sum of $616, less a set-off of $42.80, for safe No. 187; the other for $469 for safe No. 194. Respondent by his answer admitted the indebtedness of $616, less $42.80 paid upon said sum, for safe No. 187, but denied the indebtedness of $469 on safe No. 194, the subject of the first cause of action. The action proceeded to trial by a jury, upon the right of plaintiff to recover for safe No. 194.
The record discloses an instrument purporting to be an order, in words and figures as follows:
Herring-Hall-Marvin Safe Company, 20923
Successor to Hall's Safe and Lock Company,
Please ship as directed one Number 194 safe of the dimensions and plans of interior as specified on back of this order, marked to L. Balliet, town of Tonopah, county of Nye, State of Nevada, via Hazen, for which I agree to pay to your order the sum of (469.00) four hundred sixty-nine dollars gold coin, rent as follows: Cash on receipt of safe.
Freight and delivery charges to be paid by f. o. b. Sacramento.
Cash paid with this contract $___
Read This Carefully Before Signing.
Approved: N. O. S. Ford, Asst. Mgr.