Foster v. Warner

In 1918, respondent agreed with appellant for the purchase of a quantity of honey and paid $330 on the purchase price. Payment of the balance of the purchase price was not made, and the honey was sold to another. Action was thereafter instituted by respondent to recover the advance payment as well as damages by reason of the failure to deliver the honey. The cause was tried and respondent recovered judgment. On appeal, the judgment was reversed and remanded with instructions. (Foster v. Warner, 42 Ida. 729, 249 Pac. 771.) That opinion was dated July 9, 1926, and on December 3, 1926,…