Simmons v. Swan

delivered the opinion of the Court. ■

This is an action brought by the petitioner for breach of a contract. At the trial the judge. directed a verdict for the defendant and the judgment was affirmed'by. the Circuit Court of Appeals. 11 F. (2d) 267. A writ of certiorari was granted by this Court. 273 U. S. 675.

By the contract the defendant agreed to sell to the petitioner, the plaintiff, a pickle factory, its specified equipment, and the good will of the business. For this the plaintiff agreed to pay 'fifteen thousand dollars, as follows:, five hundred dollars on the signing of the agreement,.…