Leonard Seed Co. v. Lustig Burgerhoff Co.

Opinion by

Linn, J.,

This appeal contains three complaints: (1) that plaintiff was permitted to amend its statement; (2) that defendant’s motion for judgment on the pleadings was refused; (3) that judgment for want of a sufficient affidavit of defense was entered.

In 1920, plaintiff sold to defendant 200 bushels of onions, for delivery between the 1st and 15th of March, 1921; before delivery date, defendant advised plaintiff it would not accept the onioné and requested plaintiff not to ship them. On March 5, 1921, plaintiff notified defendant that it held the onions subject to defendant’s order…