Ballester Bros. v. Carstens Packing Co.

delivered tlie opinion of the Court.

Plaintiff, hereinafter designated as Ballester, obtained a judgment against defendant, hereinafter referred to as Cars-tens, for damages arising out of a breach of contract. The main question is what was the contract between the parties or, more specifically, whether there was any novation or modification of the original contract.

*844The original contract was for the purchase of a certain quantity of lard to be sent in three shipments, one within the first half of September, another during the latter half of September, and a third during the first half of…