Stone v. Matthies

Plaintiff brought this action to recover damages alleged to have been incurred by defendant’s breach of contract. The complaint alleged that defendant had agreed to sell to the plaintiff 1500 sacks of Idaho Rurals (potatoes), cellar run, eligible for certification at $2.25 per ewt. and that the potatoes delivered were diseased and neither certified nor eligible to be certified and were worth not to exceed $1 per ewt.

Defendant denied that he had agreed to deliver certified potatoes or that he had represented that the potatoes were of any particular grade or quality and alleged that before…