Orsinger v. Consolidated Flour Mills Co.

EVAN A. EVANS, Circuit Judge.

Plaintiff brought this action to recover damages arising out of defendant’s refusal to accept 1,050 barrels of flour, which he bought at $10.75 per barrel. Defendant attempted to plead by way of special plea a defense, the substance of which was held by the District Court to be in direct violation of the written contract. In other words, while not denying the execution of the written contract, defendant sought to prove that plaintiff’s agent agreed to certain terms and conditions (particularly in respect to date and quantity of shipment) that were directly…