Love v. Barnesville Manufacturing Co.
Superior Court of Delaware
on a contract for the delivery of 150,000 pounds of “11s carded peeler yarn on cones.” Plaintiff claimed,- including interest, $6728.52 as damages for the non-delivery of 137,039 pounds of the yam according to sample, under the terms of said contract. See further facts in the charge of the Court.
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on a contract for the delivery of 150,000 pounds of “11s carded peeler yarn on cones.” Plaintiff claimed,- including interest, $6728.52 as damages for the non-delivery of 137,039 pounds of the yam according to sample, under the terms of said contract. See further facts in the charge of the Court. At the trial Ponder, for plaintiff, having proved by six operatives in the plaintiff’s mill the poor quality of the yarn sent by defendant under the contract, produced as an expert on the subject of cotton yarns, Thomas Ravy, and propounded to him the following question: “ Will you look at these…
1Opinion of the Court
Lore, C. J.:
You have proved by six witnesses the actual *154condition of that yarn, and have elected the kind of witnesses you wished to prove it by. We hold that you cannot now produce one or more experts and prove by them the condition of the same yarn.
Lore, C. J., charging the jury:
Gentlemen of the jury:—The plaintiff, Henry M. Love? claims that by contract made October 4th, 1899, he bought by sample from the Barnesville Manufacturing Company, the defendant, 150,000 pounds of 11s carded peeler yarns on cones, at the price of fourteen cents per pound; to be delivered f. o. b. at Wilmington,…
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