Lord & Spencer, Inc. v. M. N. Stout Co.

BREWSTER, District Judge.

The appellee, plaintiff below (hereinafter referred to as the plaintiff), recovered judgment against the appellant, defendant below (hereinafter referred to as the defendant), in an action of contract brought to recover damages for breach of a contract to purchase and pay for five carloads of oranges, described in the contract as: “ ‘Yours Truly’ brand Florida oranges average run of sizes, * * * bulge pack.”

Defendant’s assignments) of error relate to admission and exclusion of evidence, to certain portions of the judge’s charge, and to his refusal to give certain…