Gilson v. F. S. Royster Guano Co.

McKEEHAN, District Judge.

The F. S. Royster Guano Company recovered a judgment in the court below for $37,318.83, against the Farmers’ Supply & Product Company, as damages for the defendant’s breach of a contract to sell the plaintiff its entire production of garbage tankage. The defendant having passed into the hands of a receiver, the latter was made a defendant, and prosecutes this writ of error, the assignments raising three questions.

It is urged that the plaintiff was itself in default under the contract, in that it failed to pay for the initial shipment; but we think that the payment to…