Boston Tea Co. v. Brubaker
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Broad y, J. cited: W. A. Wood Mowing and Reaping Machine Co. v. Crow, 30 N.W. Rep. 609; Winch v. Baldwin, 28 Id. 62; Clanton v. Des Moines & O. S. R. Co., 25 Id. '277; Walsh v. Culbertson’s Estate, 38 Id. 631; Parsons on Contracts, vol. 1, p. 44; Campbell v. Sherman, 49 Mich. 534.
1Opinion of the CourtCobb, J.
This was an action in the nature of assumpsit brought by the defendant in error against the plaintiff in error in the Gage county district court, for goods, wares, and merchandise, sold and delivered. The petition alleges that on the fourth day of November, 1887, plaintiff sold and shipped to said defendant, at Council Bluffs, Iowa, at the defendant’s request one car load of potatoes, containing five hundred and one bushels of potatoes, at the agreed price of forty-eight cents per bushel, amounting to the sum of $240.48; that defendant received said potatoes, paid the freight thereon,…
2Cited by2 opinions
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