Smith v. Black

Milder, Judge :

In an action of assumpsit plaintiff sought to recover of defendants the sum of $906.36, the balance he alleged was due him on 25,295 pounds of cattle at ten (10) cents per pound, sold to defendants for delivery between September 25th and October 1, 1921, less the sum of $1,623.14, which he had realized on the sale of the cattle, on defendants’ refusal to take and pay for them at the time and place stipulated in the contract.

Defendants pleaded non-assumpsit, on which issue was joined, on the issues thereby presented. On the trial, after plaintiff had adduced before the court and…