Chermak v. P. J. Taggares, Inc.

This action was brought by respondent and tried upon a second amended complaint alleging, among other things, that, in April, 1929, the parties entered into a written contract whereby respondent agreed to deliver to appellant two cars of seed potatoes for exchange, and that appellant was to pay therefor in the fall by delivering in exchange four cars of potatoes or pay for the same on the basis of fifteen dollars per ton for four cars, or thirty dollars per ton for the amount of seed potatoes furnished; that the option of determining whether the exchange should be accomplished by delivering…