Acme Manufacturing Co. v. Massey

Mr. Justice Cothran :

I respectfully dissent in part from the opinion proposed by the Chief Justice, for the reasons which follow:

The action is for goods sold and delivered; the complaint contains two' separately stated causes of action:

1. For the amount due upon the sale and delivery of a carload of fertilizer, shipped by the plaintiff to the defend ant partnership, on April 18, 1925, $779.04, with 8 per cent, interest from May 10, 1925.

2. For the amount due upon the sale and delivery of a carload of fertilizer, shipped by the plaintiff to the defendant partnership, on June 2, 1925, $604.00,…