Wolverine Packing Co. v. Hawley

Plaintiff entered into a contract with the defendant Hawley whereby the latter sold at five cents per pound all of his Richmond and Montmorency cherries for the seasons of 1927 to 1936, inclusive. Delivery was to be through the Shelby New Era Co-operative Association, and payment by plaintiff was to be made through this association for “said cherries as fast as same are delivered to the warehouse” of the association at Shelby, Michigan. For reasons hereinafter noted, Mr. Hawley claimed he was released from the terms of the contract in July, 1929; and he, as well as numerous other cherry…