Stein v. Tip-Top Baking Co.

This is an action to recover damages for breach of a corn tract to purchase 80,000 pounds of Badex, a foodstuff. The defendant demurred because, as it alleged, the petition showed that the amount in controversy, exclusive of interest and costs, did not exceed the sum of three thousand dollars, and the action was dismissed by the District Court on that ground. Judicial Code, § 24. The case comes here on that single question, as determining the jurisdiction of the District Court.

The material allegations are that the agreed price was $5800; that at the time of the breach no price could be got…