Neil v. Utah Wholesale Grocery Co.

Respondent, plaintiff below, seeks damages for tbe failure of appellant to deliver a certain number of bags of sugar claimed under a written contract. Respondent bad judgment, from wbicb tbe appellant, defendant below, appeals.

Tbe contract is dated March 18, 1920. Its provisions are tbat appellant would deliver to respondent on the terms mentioned any number of bags of sugar from 1 to 5,000 contingent upon the ability of the appellant to deliver the same on or before April 1st of that year. The sugar was to be delivered f. o. b. cars in the state of California.

The disputed questions of fact…