Gund v. Roulier

Tewell, District Judge.

This is an aetion brought to recover damages alleged to have been sustained on account of the failure of the defendant to deliver wheat as per the terms of a written contract, as follows :

“July 7,1916. Contract No. 53. This is to certify that I have this day contracted and sold to Gund & Peterson -bushels of wheat at 85 cents per bushel (-lbs. per bushel) to be clean, sound and dry and to grade No. 2, to be delivered into their elevator or cribs at Campbell on *590or before the 30th day of Aug. 1916. If damaged or inferior grain is delivered and accepted on this contract,…