Bloom Equity Exchange v. Stephans

The opinion of the court was delivered by

Marshall, J.:

Defendant Stephans appeals from a judgment against him for damages sustained by the plaintiff in a wheat transaction between them.

1. Complaint is made of the following instruction:

“The jury are instructed that you will first determine what the contract was and determine whether or not it was agreed that this wheat was to be free from rye and if it was bought for seed wheat, and if you find that the contract was as claimed by the plaintiff, you will then de*197termine the amount of plaintiff’s damages, if any; and if you find that the defendant…