Planters Nut & Chocolate Co. v. Brown-Murray Co.

Opinion by

Rhodes, J.,

This is an action of assumpsit wherein plaintiff seeks to recover the unpaid balance of the purchase price of peanuts sold by plaintiff to defendant. Plaintiff’s statement of claim, filed January 29, 1936, and served on defendant February 7, 1936, avers that on February 18, 1935, plaintiff and defendant entered into two written contracts, wherein plaintiff agreed to sell and defendant agreed to purchase 1,375 bags of peanuts at $6.90 per hundred weight; shipment to be made within 90 days after said date, as directed by defendant, upon the terms and conditions set forth in…