Mason Produce Co. v. Harry C. Gilbert Co.

Appellant sued for damages but recovered nothing. The complaint counted upon alleged negligence of appellee, while acting as a merchandise broker, in failing to notify appellant that a party who had ordered a carload of beans by telegraph through appellee’s agency had thereafter directed that the order be canceled, and had refused to sign a written contract of purchase. The defendant answered by a denial. There was a general finding for the defendant and a judgment against the plaintiff for costs. Overruling the motion for a new trial is assigned as error, under which appellant first insists…