Nellis & Co. v. Houser

We find no merit in any of the general grounds of the defendants’ motion for a new trial, nor in any special ground except that dealt with in the first three lieadnotes. The facts pertinent to the rulings made therein are as follows: The plaintiff, who was a peach grower, entered into a parol contract with the defendants for the sale to them of three cars of peaches, by the terms of which it was agreed that the defendants would take the next three cars which the plaintiff should have ready for market, at prices per crate specified. The contract as modified by the parties provided that the…