Cardwell v. Uhl

The opinion of the court was delivered by

Mason, J.:

M. W. Cardwell recovered a judgment against Brigham Uhl on account of his failure to perform two contracts for the delivery of wheat. The defendant appeals.

1. One of the contracts, entered into on October 16, 1916, called for the delivery within sixty days, or by December 15. The action was begun on December 13, 1916. The defendant asserts that it was prematurely brought. There was evidence, which the jury must be deemed to have accepted, that the defendant, on November 30, explicitly declared that he would not carry out either of the…