Calumet Baking Powder Co. v. Fazende

Plaintiff and defendant entered into a contract *283by which the latter agreed to furnish the former with lo cars of rice chaff to be delivered at the rate of one car per month, each car to contain 600 sacks weighing .from 40 to 60 pounds, for the price of $7.75 per ton F. O. B. Chicago.

In the event of failure on the part of defendant to carry out his engagement, damages at the rate of $25.00 per each car undelivered is stipulated.

Alleging the non-delivery of six cars the plaintiff company sued for the stipulated damages. The answer was a general denial. There was judgment as prayed for and…