This section contains the nature of the case and procedural background.

D orally agreed to purchase a used tractor for the sum of $475.00. D attempted to borrow money to cover the purchase price but was unable to, and so advised P. P asked D to return the tractor, which was done within a few days. D claims the sale was conditioned on D's ability to borrow money to pay for it, while P says the sale was final and without conditions. Both parties agree that the sale contract was rescinded when P asked that the tractor be returned. A jury which returned a verdict for P in the amount of $50.00. D's motion for a new trial was overruled and D appealed.

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