Thiel v. Pacific Fruit & Produce Co.

—Plaintiff and respondent, Wilbur Thiel, entered into the following written contract with one Brown:

“This agreement made and entered into this 24 day of May 1928, by and between Albert Brown of Kimberly, Idaho, and hereinafter designated as the seller and Wilbur Thiel of Lemhi, Idaho, and hereinafter called the buyer, witnesseth:

“That said seller is to furnish 800 sacks of No. 1 seed potatoes, 105 pounds to the sack, and said buyer is to receive said potatoes and plant them and when dug this fall at the usual and regular digging time, he the said buyer will deliver to said seller, on board…