Consolidated Flour Mills Co. v. Miller

This suit is based on breach of a contract by defendant in the purchase of forty-three and three-fourths barrels of flour, 300 sacks of bran and 100 sacks of shorts. A judgment was rendered in plaintiff’s favor for $25, and it appeals. Defendant admits that he breached this contract, and makes no complaint of the judgment. The contract of sale provides for several elections on plaintiff’s part should defendant breach, one of which was as follows:

‘‘ (A) Cancel this contract in which event buyer agrees to pay to seller an entry charge of twenty-five cents per barrel on flour and fifty cents per…