Standard Tilton Milling Co. v. Toole

Action of assumpsit by the seller against the buyer of one thousand barrels of flour purchased for future delivery, for breach of ¡the contract in failing to furnish shipping instructions, after which the plaintiff terminated the contract.

The questions presented on this appeal arise upon the ruling of the circuit court granting motions of the defendant to strike from count 2 of the complaint, as originally filed and as amended, the elements of damages claimed, superinducing a voluntary non-suit by the plaintiff, and this appeal.

The provisions of the contract, a copy of which is made a part of…