Omaha Alfalfa Milling Co. v. Pinkham

Dorsey, C.

This action is to recover damages for the failure of the defendant, L. W. Pinkham, to deliver 55 tons of hay under the terms of a written instrument purporting to be an agreement on his part to sell and deliver that quantity of hay to Leypoldt & Pennington, whose rights under the contract they afterwards assigned to the plaintiff. Hjalmar Olson was also made a defendant, but was not really a party in interest. The verdict and judgment were for the defendants, and plaintiff appeals.

The defendant Pinkham was represented in the transaction, by Olson. Pennington, a hay buyer, was at the…