Blackshear Mfg. Co. v. Umatilla Fruit Co.

SIBLEY, Circuit Judge.

The Blackshear Manufacturing Company, plaintiff below, sued Umatilla Fruit Company, defendant, in three counts at law, and on the conclusion of its evidence a verdict was directed for the.defendant, followed by this ■appeal.

The first count was plainly in contract, alleging that the defendant promised to sell certain fertilizers as plaintiff’s salesman to responsible parties only, and to use care and diligence in endeavoring to collect the price, but that, notwithstanding the elapsing of a reasonable time for the performance of the promise, defendant had not used due care…