Commander-Larabee Milling Co. v. McBride

The opinion of the court was delivered by

Harvey, J.:

This was an action for liquidated damages because of failure of defendant to give shipping instructions and to receive and pay for certain flour alleged to have been sold by plaintiff to defendant under two written contracts, which contracts contained a formula for computing liquidated damages in the event the buyer did not order and pay for the flour purchased. The contracts relied upon by plaintiff are set out and it is alleged that he gave shipping instructions and received and paid for only a small part of the flour ordered. The prayer…