Franke v. N. W. Taussig Co.

The defendant moves to compel the plaintiffs to elect between the three causes of action set forth in the complaint, and to state upon which one they will rely. The first cause of action alleges, in substance, the sale and delivery under an express contract of 16,019 bags of sugar at an agreed price of $202,922.01, on which there is claimed a balance due of $11,307.59. The second cause of action alleges the sale and delivery of the same quantity of sugar of the same value, alleging such value, however, as the reasonable worth, instead of the agreed price, and claiming a balance due of exactly…