Smalls v. Brennan

The plaintiff sued in a justice’s court, for damages for breach of contract. The statement of the cause of action showed that he had purchased a certain quantity of bananas from the defendant, paid part of the purchase-price, and left the bananas in the defendant’s custody to be called for; that about a week after the sale was made the defendant sold the bananas to a third person, and offered to return to the plaintiff the amount paid on the purchase-price. The plaintiff alleged that the bananas were bought for the holiday trade, and by reason of the defendant’s breach of contract the…