Davenport Vinegar & Pickling Works v. Glaser, Kohn & Co.

Mr. Presiding Justice Holdom

delivered the opinion of the court.

This is an action of the fourth class, in the Municipal Court, tried in that court without the intervention of a jury. Plaintiff sued to recover the contract price of certain pickles delivered to defendant under a written contract, which provided for other deliveries. Defendant put in as a defense a claim for damages for non-delivery of the balance of the pickles covered by the contract, the market price for pickles having advanced in the meantime. While there is not much contention over the fact that the market price did advance,…