Paxton & Gallagher v. Pellish

Bltjme, Justice.

On January 24, 1928, Pellish Brothers, the defendants herein, bought of the plaintiff, Paxton & Gallagher Company, of Omaha, a bill of goods consisting of shotgun shells, intended to be sold by the defendants during the game season of 1928, lasting from September to December, both months inclusive. The goods were to be shipped during the summer shortly previous to the commencement of the game season. In the written order given for these goods, the plaintiff’s agent, who sold the goods to the defendants, wrote into the contract the clause in controversy in this case, namely,…