Peck v. Stafford Flour Mills Co.

BOOTH, District Judge.

This is an action brought by defendant in error (plaintiff below) to recover damages for breach of contract. Plaintiff claimed that it had sold flour to defendant, and that he had refused to give instructions and specifications for shipment of the same, as agreed in the contract. The defense originally set up in the answer was that the contract had been canceled by mutual agreement. On the trial, defendant was allowed by the court to amend the answer by *44setting up as an additional defense that the contract was unilateral. At the close of the evidence the court instructed…