H. C. Whitmer Company v. Jordan

Opinion op the Court by

Judge Clay

— Reversing.

The H. C. Whitmer Company is a corporation engaged in manufacturing and selling medicines, extracts, stock food, and other goods. On October 4,1926, the company entered into a contract with W. P. Jordan, by which it agreed to sell and deliver to him on board cars at Columbus, Ind., its goods at current wholesale prices. Among the provisions of the contract was the following:

“He further agrees to pay said company for all goods purchased under this contract the current wholesale prices of such goods by remitting in cash each week to said company not…