O'Flynn & Son v. Ebelhaar

Opinion of the Court by

William Rogers Clay, Commissioner

AfMming.

*504Elizabeth Ebelhaar and Tom Fenwick, her tenant, sold their crops of tobáceo, consisting of about 9,000 pounds, to E. E. O’Flynn & Son, who refused to pay the contract price for the third delivery. Thereupon, Elizabeth Ebelhaar and Fenwick brought this suit to recover the amount claimed to be due. O’Flynn & Son counterclaimed for damages in the sum of $520.00 because the plaintiffs failed' to deliver tobacco of the quality contracted for. On the first trial the court instructed the jury to find for plaintiffs On appeal this court…