Rosenbush Feed Co. v. Garrison

LAWSON, Justice.

On Sunday, September 26, 1943, plaintiff and defendant entered into a verbal contract whereby defendant purchased 2,000 bales of hay from plaintiff at a price of $25 per ton f. o. b. plaintiff’s barn. The hay was not to be delivered that day. It was later shipped to defendant in five different shipments and it appears that he received it on secular days. Defendant, after receiving the first two shipments, paid a part of the purchase price but refused to pay the balance, contending that the hay shipped to and received by him was of a much inferior grade than that which he…