Wright v. Larson Bros. Wholesale Grocery Co.

The opinion of the court was delivered by

Mason, J.:

F. H. Wright, a canner of tomatoes at Richland, Mo., entered into a written contract with Larson Brothers Wholesale Grocery Company, of Kansas City, Kan., to furnish it a carload— 1,000 cans. He brought this action against the company for damages for its refusal to accept and pay for a car shipped to them. The plaintiff recovered and the defendant appeals.

The answer was a general denial which was unverified and did not put in issue the execution of the contract. The defendant urges that judgment should have been rendered in its favor on the…