Newmark Grain Co. v. Elkins Provision & Storage Co.

Mii/leR, Judge:

By this action in assumpsit plaintiff seeks to recover damages alleged to have accrued to it by reason of defendant’s refusal to receive and pay for a car load of beans sold to the latter and delivered at the point designated in the contract of sale. Prom a judgment on the verdict for defendant, directed by the trial court, plaintiff obtained the present writ of error.

The plaintiff, a resident of Los Angeles County, California, sold to defendant, by a written contract, through its broker or representative at 'Clarksburg, W. Va., the beans in question. The terms of the sale…