Driggers v. Bell

Bell, in this action,' recovered of Driggers a judgment for damages to the amount of $1400, upon a claim that Driggers had agreed to sell and deliver to Bell 7000 bushels of wheat at $1.50 per bushel; that Driggers had refused to perform this contract, although Bell was able and ready, and offered to perform on his part.

Driggers has appealed to this court, and, by his counsel, urges that the court erred in charging the jury that interest could be allowed, in assessing the damages in this action, upon the excess of the market price, at the time of default, over the contract price.

Counsel…