Russell Miller Milling Co. v. McLean

This is an action brought on a contract for the sale of 400 barrels of flour. There was a verdict for plaintiff for $150, and later, on plaintiff’s motion, judgment notwithstanding the verdict was entered for $280. From this judgment and from an order denying a new trial, defendant'appeals.

On November 5, 1920, under this contract respondent sold appellant 400 barrels of flour at an agreed price of $11.36 per barrel, f. O. b. Minneapolis, to be delivered within -60 days from date of contract. By the terms of the contract it was agreed that if the buyer failed to file with the seller, within 15…