Memory v. Niepert

Appellee sued appellant in assumpsit to recover damages for the failure of the latter to deliver 250 boxes of bacon in fulfilment of the following contract:

“ Bremen, September 20, 1879.

“ Messrs. Schmidt & Fuhrken,

Bremen:

“ Mr. Henry Memory, in Chicago, has sold to you to-day, through my care, 250 boxes of American bacon, long clear middles, at M., 25 per 110 lbs., Engl., cost and freight Bremen, against draft at 60 days sight on your good selves or against bankers’ reimbursement, in which case one-half per cent, allowance to be returned to you. Drafts to be accepted against the delivery of…