Chandler v. Lafferty

Opinion b.y

Linn, J.,

Appellant sued for the contract price of potatoes sold • and delivered; he had a verdict for $10,257.47. On a point reserved, the court deducted from that sum an amount claimed as defendants’ loss caused by appellant’s omission to ship all the potatoes defendants bought, and entered judgment for appellant for only $961.75. He appeals and presents but one question: whether the provision of the contract, concerning “car conditions,” relieved him.

Both parties were merchants, — “dealers in produce by wholesale,” — the plaintiff at Exmore, Virginia, the defendants at Altoona,…