Johnson & Phillips v. McClard

Opinion op the Court by

Judge Dtetzman

Reversing.

The appellants, a partnership, brought this suit against the appellee on a •written contract, whereby they agreed to sell and he agreed to buy for the sum of $220 a certain number of fruit trees. Appellants averred and proved that they delivered these trees to the place of delivery, although the evidence shows appellee refused to take possession of them after they had been delivered as stated. The written contract among other things specifically provided that the buyer would not ‘ ‘ countermand or attempt to countermand this contract.” The issue…