Bolch v. Smith

The opinion of the Court was delivered by

Mr. Justice Cothran.

The coinplaint contains two alleged causes of action: (1) Damages in the sum of $80 on account of the breach by the defendant of a contract to sell the plaintiff 75 tons of cotton seed hulls at $10 per ton, his delivery of only 55 tons, and the loss by the plaintiff of $4 per ton upon the purchase by him of 20 tons in the market, at $14 per ton, to supply the deficiency; (2) a balance of $178.50 due by the defendant upon the sale by him of certain live stock shipped by the plaintiff to the defendant, to be sold upon commission.

The…