Dustin Grocery & Feed Co. v. Lucas

Opinion 'by

STEPHENS ON, O.

The plaintiffs commenced tlieir action against the defendant upon an alleged contract for the sale of a ear of potatoes by the defendant to the plaintiffs. It was alleged! in the petition that the defendant sold the plaintiffs a ear of northern seed potatoes for the sum of $3.85 per' hundred, delivered at Wetumka, Oklahoma, but that contrary toi contract the defendant shipped a car of potatoes billed to plaintiff at $4.85 per hundred, and that there was a shortage of 6,000 pounds, and that the plaintiff took up the draft covering the alleged shortage and excess in…