Colorado Milling & Elevator Co. v. Rapides Grocery Co.

This is a suit for breach of contract. Plaintiff is a flour manufacturer, and defendant, a broker in the city of Alexandria, La.

On October 16, 1929, plaintiff and defendant entered into a contract whereby defendant purchased from plaintiff a certain quantity of flour to be shipped within 120 days, shipping instructions to be furnished by defendant. The price fixed for “Snowbird” brand was $7.35 per barrel, and for “Rocky Mountain” brand, $6.75. It was optional with defendant as to which brand it desired.

Under the clause in the contract, entitled, “Rights of the Seller,” we find the following:

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