Gray v. Cooper

-Action for damages for breach of contract. Plaintiff recovered and defendant appealed.

Defendant, Cooper, was the owner of a pit of clay described as dias pore clay and burley clay, the latter being of cheaper grade than the former. These parties entered into a written contract, the essential parts of which are as follows:

“That party of the first part for and in consideration of the price and sum hereinafter specified agrees to furnish F. O. B. cars, St. James, Mo., two cars of Dias Pore clay and one car of second or Burley clay, if the cars are furnished when the clay is ordered, and if the…