Nichols v. Cecil

The object of this bill is to-recover damages for the alleged breach of a warranty in the sale of wheat. The bill alleges, that about August 25, 1897, complainant and defendant entered into a contract whereby it was agreed that defendant would sell and deliver at once, free on board cars at Ashwood, Tenn., 6,000 bushels of No. 2 wheat, and upon delivery thereof complainant should pay defendant the sum of one dollar per bushel for such wheat, the defendant, warranting that said wheat should be No. 2 wheat. Soon after the contract was made defendant notified complainant that he had delivered…