Sutter v. International Harvester Co. of America

The opinion of the court was delivered by

Mason, J.:

Carl F. Sutter sued the International Harvester Company for its failure to deliver with promptness two headers and binders for which he had contracted, thereby delaying the harvesting of his wheat crop until it became overripe, and causing a loss through excessive shelling. His petition included another cause of action of a similar nature, but as the legal questions raised with respect to the two counts are precisely the same all further reference to the second will be omitted. The jury returned a general verdict for the plaintiff and…