Hager v. Donovan

The opinion of the court was delivered by

Mason, J.:

D. G. Donovan sued Charles Hager for damages for breach of contract, alleging that the defendant, after having on July 19,1904, agreed to sell his entire wheat crop of that year to the plaintiff at the price of seventy-three cents per bushel, had refused to deliver it. Hager filed an answer consisting of a general denial and allegations that on August 26, 1904, he had made a verbal contract with Emmett Donovan, as the plaintiff’s agent, to sell to the plaintiff “certain wheat” at the market price; that he had delivered under such agreement…