Nellis & Co. v. Houser

1. This being a suit by the seller against the purchaser for an alleged breach of an oral contract for the sale of three carloads of peaches which the defendant had refused to accept after one car had been loaded and tendered to him, to which the defendant pleaded a general denial and also that the contract was within the statute of frauds and unenforeible, and there being evidence to the effect that, according to the terms of the contract, the peaches were to be of different varieties,—as Hiley Belles and Georgia Belles (there being an issue between the parties as to the proportion of such…