Lotus Grain & Coal Co. v. Zimmer

Appellant, Lotus Grain & Coal Company, entered into a written contract with appellee, L. E. '’Zimmer, under date of August 20, 1917, for the purchase of 2,000 bushels of corn at $1.00 a bushel to be delivered on or before (at the option of the company) December 31, 1917. Appellee having failed to deliver the corn on demand of appellant made about the middle of December, appellant brought an action in assumpsit in August, 1918, to recover damages for a breach of the contract and produced evidence showing that corn had advanced to $1.68 a bushel at the time of the breach. At the close of…