DeMoss v. Thomas

Mr. Presiding Justice Farmer

delivered the opinion of the court.

W. M. Wirt, under the name, of the Alpha nursery Co., owned and conducted a nursery at Alpha, Illinois, for the sale of fruit trees. On the 14th of July, 1902, a written contract was entered into between him and appellee, in which Wirt agreed to sell appellee nursery stock at prices quoted, and deliver the same, “ heeled ” in trenches at the nursery during the fall of 1902. Appellee was engaged in the business of soliciting orders and selling the stock to customers desiring it. The contract provided three ways for appellee to pay…