Marshall Milling Co. v. Rosenbluth

Mr, Justice Fitch

delivered the opinion of the court.

By this appeal defendant seeks to reverse a judgment against him for $6,593.65, entered in the municipal court upon an instructed verdict for the plaintiff in a suit brought to recover damages for an alleged breach of a written contract for the purchase by defendant from the plaintiff of 1,845 barrels of flour. The plaintiff’s statement of claim set out the written contract in full, alleged that 630 barrels had been received and paid for by the defendant, but that defendant had failed to give shipping directions for the remaining 1,215…