Anthony v. O'Brien

I. Plaintiff and defendant entered into an agreement, December 29, 1916, in words following:

“I have this day sold to Lewis Anthony 8,000 to 10,000 bushels of good sound dry, No. 4 or better corn, white, at the price of 88c per bushel, f. o. b. Payne J ct., to be delivered at elevator at Payne Jet., as soon as cars are furnished.

*803“(Grain that is not up to the grade -purchased, to be accepted at market difference).

“I hereby acknowledge receipt of $.... to apply in payment of above contract, and certify that the grain thus sold is now in my possession and is free and clear of all incum-brances…