Stephenson & Co. v. Bradbury

Opinion op the Court by

Judge Clarke

Affirming.

This is an appeal by the defendant from a judgment rendered on a verdict awarding to the plaintiff $684.43 as damages for defendant’s breach of a contract to purchase of plaintiff 1,000 five-gallon cans of tomato pulp, at $2.25 per can.

In the original petition it was alleged that the contract was contained in a written order exhibited with the petition, and that the contract was in writing. In its original answer, the defendant did not deny that it had executed the contract sued on, and admitting that it failed to accept or pay for the tomato…