Knight v. Simons

LEVY, J,

The suit was by defendant in error, Simons, to recover damages for breach by plaintiff in error of a contract to sell and deliver 25 cars of hay. Plaintiff in error delivered 6 cars of hay, but refused to deliver the remaining 19 cars. There was a material advance of the market price of hay of $2 a ton over the price provided for by the contract at the time of the breach. Plaintiff in error’s defense to the suit was that the contract provided that, if the contractee failed to pay any of his drafts drawn for hay shipped, then plaintiff in error had the right to terminate the contract.…