Joseph v. Andrews Co.

ON MOTION FOR REHEARING.

Bland, P. J.

We adopted the following statement of the case of the principal facts from the original opinion of Judge Biggs, filed in the case: “The plaintiff’s place of business is in the city of Cincinnati, in the state of Ohio. He is engaged in buying and selling old iron rails. The defendant corporation is engaged in the same business in Youngstown in the same state. On the twenty-first of September, 1895, the plaintiff sold to the defendant between two and three hundred tons of old iron rails at $19.50 per ton. The time of delivery was not specified. The contract…