Frey & Soy, Inc. v. Magness

The appellant, a dealer in canned goods, sued the appellee, a eanner, for damages from breach of a contract to sell and deliver to. the appellant eight hundred cases of canned corn, and the principal question in the controversy is whether the contract wras for sale and delivery of the eight hundred cases unconditionally, or was for sale and delivery of that amount only of corn to be received and packed from specified crops then growing and purchased by the eanner for his supply, but which failed. The trial court referred the ascertainment of the terms of contract to the jury, to. be found…