Idaho Supreme Court June 1, 1972, 10700 (Hisaw v. Ingram)

McFADDEN, Justice.

Appellant Craig H. Hisaw instituted an action to recover the down payment he gave as purchaser to the seller, respondent Harold Ingram, on their oral contract for the purchase of 3,000 sacks of “seed potatoes.” Respondent counterclaimed alleging appellant had breached the contract by refusing to accept the goods when delivered.