E. E. Thomas Fruit Co. v. Start

Britt, C.

Plaintiff, a corporation, brought this action to recover of defendants the sum of six hundred and three dollars and ninety cents, claimed to be due from them as the compensation they had promised to pay plaintiff for drying a quantity of prunes—something over eighty-six tons—at the agreed rate of seven dollars per ton. Regarding its own undertaking, plaintiff, in its complaint, alleged merely that it agreed to dry the prunes for defendants, without specifying the degree of care or skill it should employ for that purpose. Defendants in their answer averred that plaintiff contracted to…