Thompson (defendant) spoke with Henderson about purchasing a repossessed tractor owned by Henderson’s employer, J. I. Case Credit Corporation. Henderson agreed to sell the tractor to Thompson and told Thompson to pick up the tractor where it was located. Thompson picked up the tractor, but did not notify Henderson that he had done so until several weeks later. In the meantime, having heard nothing from Thompson, Henderson agreed to sell the same tractor to Peterson (plaintiff). Peterson brought suit against Thompson to recover possession of the tractor. After Peterson presented his evidence and rested, the trial court granted Thompson’s motion for nonsuit. Peterson appealed, arguing that the trial court erred in holding that there was no evidence that could support a judgment for Peterson.