Rosenau v. Lansing

This is an action for damages arising from the alleged failure of C.F. Lansing, defendant, to deliver 1,200 Italian prune trees to Ben Rosenau, plaintiff herein, in accordance with his written contract for the sale and delivery thereof. Trial was had, and at the conclusion of the plaintiff's evidence the defendant moved the court for a nonsuit, which motion was granted upon the ground that plaintiff failed to show that he was at the place of delivery on the day of the alleged breach. From the judgment of the court based thereon, the plaintiff appeals.

REVERSED AND REMANDED. REHEARING DENIED.…