Hamilton v. Schumacher

Opinion by

White, P. J.

§ 212. Measure of damage; breach of contract of sale, etc., of goods; case stated. Suit was brought in justice’s court by appellee to recover of appellants damages on account of their failure to deliver to him a car-load of apples, as they had contracted to do. On trial, judgment was rendered for plaintiff in justice’s court for $126.50. Appeal to county court, in which court the case was tried by the court without a jury, and the court found and filed conclusions of fact and law. The court found the facts to be as follows: Plaintiff is a merchant, dealing in groceries,…