Gussman v. Byrd Cattle Co.

BRYAN, Circuit Judge.

This is a suit to recover damages for breach of a contract to purchase and pay for 37 carloads of onions. The contract provided for the sale by Byrd Cattle Company, plaintiff, to Hyman Gussman, defendant, of 43 carloads out of a crop of about 100 carloads of onions then growing in plaintiff’s field, at $1.60 per crate f. o. b. shipping point, at the rate of 3 carloads per day, Sundays and rainy days excepted. Defendant accepted and paid for 6 carloads, and then notified plaintiff that he would not accept any more. Plaintiff had the onions in quantities sufficient to…