Asbury v. Yakima Milling Co.

The appellant on February 26,1923, sold to the respondent certain alfalfa hay under a written contract which reads;

“Yakima Milling Co. “Toppenish, Wn.

“Yakima, Wn. Feb’y 26,1923.

“Gentlemen:

“I confirm purchase of you today of 5 cars 93% pure 1st cut. Alf at $21.00 per ton FOB track Ashue Wn. for loading prompt.

“This confirms our conversation in my office at Toppenish, also phone call to you of this evening. Accepted by Yours very truly,................................................ (Signed) H. M. Asbury”

Respondent immediately resold the hay to one V. J. W. Alexander, as agent for Higgins &…