Adams v. Ames

*426The opinion of the court was delivered by

Dukbau, J.

On September 24, 1896, the following contract was entered into between the appellants and the respondent:

“I have this day sold to J. Q. Adams & Co. 60 or 70 tons of good merchantable white oats (like sample) for $12 per ton, delivered to such steamboat, scow or other common carrier, which shall be sent by J. Q. Adams & Co. to warehouse located on Joe Lawry’s Slough. J. Q. Adams & Co. agrees to remove said 60 -or 70 tons of oats within 15 days from date, wind, tide and other acts of Grod permitting. I hereby accept as part payment on above…