Taylor v. J. B. Hill Co.

Defendant appeals from a judgment awarding $1,421.50 damages to plaintiff for breach of contract.

By the terms of a contract dated June 6, 1943 (a written instrument drawn by defendant), which is the basis of the action, defendant agreed to sell and plaintiff to purchase a quantity of barley. The quantity, price, quality, grade, etc., are set forth as follows:

“Quantity Commodity Price Unit How Packed Sample & Grade 10-12000 sacks 1.95 CWT sked H10 Barley . . . Sack Count Indefinite acet. Remarks Now Harvesting May be More or Less. ’ ’ Defendant delivered 6,612 sacks, failing to meet the…