Wertheimer v. Klinger Mills, Inc.

This was an action for damages for breach of a contract for the sale of a carload of seed. The appellants, defendants below, were engaged in the seed business at Ligonier, Indiana, and it was alleged in the complaint that they agreed, in writing, to sell certain seed tp the appellee, plaintiff below, a foreign corporation engaged in the seed business in Butler, Pennsylvania; that there was a failure to make delivery pursuant to the written contract and that the damage resulting from such breach amounted to $1,421.69, for which amount judgment was prayed. The complaint also alleged that a true…