Maxwell v. Zenith Limestone Co.

FOSTER, O.

J. H. Maxwell and E. AV. Mead brought this action in the court of common pleas of Tulsa county against the defendant, Zenith Limestone Company, to recover the sum oí $442.98. Plaintiffs’ petition alleges that on the 21st day of July, 1926, the parties entered into two written contracts, copies of which are attached to plaintiffs’ petition. In the first contract the defendant agreed to sell plaintiffs crushed stone at a price of $1.40 per ton, f.o.b. Verdigris, Okla.; and in the second contract agreed to sell and deliver! plaintiffs sand at a price of 90 cents per ton, f.o.b.…