Gold Kist, Inc. v. Stokes

Deen, Presiding Judge.

Gold Kist, Inc. sued Stokes for damages for failure to deliver certain lots of soy beans in accordance with contract provisions. Stokes defended on the ground that, after the time for delivery had passed, and also after a delivery had been refused, the beans which he could otherwise have delivered had been damaged by fire and their subsequent tender had been refused on this ground, which, under contract provisions, limited his liability. The jury returned a verdict for $3,149.10 and judgment was entered on November 4,1974. A motion for new trial was filed on November 1,…