Staley v. Fazel Bros. Co.

This is a law action tried without a jury to recover $1800 deposited with defendant to secure the release of 2077 bushels of oats plaintiff had delivered to defendant. There was a counterclaim for $810, after crediting plaintiff with the amount of the deposit, for damages from plaintiff’s failure to deliver 10,000 bushels of seed oats he had agreed to sell defendant. From judgment for defendant for $447 on the counterclaim plaintiff has appealed. We affirm the judgment.

The facts are somewhat complicated. We recite only those deemed essential here. It is without dispute that in January 1950…