Smith v. Hanson

The opinion of the court was delivered by

Mason, J.:

On September 12, 1910, Robert Hanson sold to Smith Brothers & Cooper a quantity of hay in the stack, at $8 a ton, $1000 down, and the balance to be payable on or before October 1. The terms of the sale were fixed by a written contract containing this provision for determining the weight:

“All hay sold shall be measured in the stack, but second parties [the buyers] shall have the option, after the hay has been measured, of computing the number of tons of hay in said stacks, in the following manner:

“The parties hereto shall select not more than…