New Prague Flouring Mill Co. v. Hewett Grain & Provision Co.

Plaintiff, a manufacturer of flour, at New Prague, Minnesota, sold to defendant, on September 20,1920,1,000 barrels of flour at $13.45 per barrel. The order was in writing and signed by defendant and accepted in writing by plaintiff. It provided that the flour should be delivered on or before December 20, 1920. From time to time between those dates plaintiff urged defendant, by letter and telegram, to order out the flour, but it declined to do so, and, on December 20th, plaintiff forfeited the contract, and com puted its damages in accordance with the stipulation for liquidated damages…