Sutton v. Kiel Cheese & Butter Co.

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

Plaintiff, E. S. Sutton and W. J. Cummins, partners •doing business under the firm name of Sutton & Cummins, brought this action against defendant, Kiel Chesse & Butter Company, for violation of an alleged contract made with the defendant, by which it agreed to deliver to plaintiffs free on board cars at Keil, Wisconsin, during the month of October, 1907, 2,000 boxes of cheese of the brand known as “Daisies” at the price of 141-2 •cents a pound. Defendant answered and denied that it entered into the contract sued on, and in its…