Larabee Flour Mills Co. v. Carignano

MeDERMOTT, Circuit Judge.

This is an action at law for breach of a contract to buy flour. The jury returned a verdict for the defendant — the buyer — and plaintiff appeals. The principal error assigned is that plaintiff was entitled to an instructed verdict for the amount of damage fixed by the contract. This assignment calls for the decision of two questions: Was the contract confirmed? If so, is the agreement as to the amount of damage enforceable?

There is little law involved in the first question. The order for the flour, was signed by the buyer, the “party to be charged” under the Oklahoma…