Queen Anne Candy Co. v. Eagle

WELCH, V. C. J.

The question here is whether the trial court erred in taking the case from the jury and rendering judgment in favor of defendant.

The suit is for damages for breach of contract for the sale of a certain lot of pecans.

There is competent evidence to the effect that one Palmer, acting as agent for plaintiff, agreed with the defendant to purchase a certain lot of pecans then in the possession of defendant, at an agreed price of five cents per pound. Palmer and defendant estimated the lot of pecans at approximately 25,000 pounds. The defendant desired confirmation of the agreement…