Nichols & Shepard Co. v. Swisher

The opinion of the court was delivered by

Porter, J.:-

In May, 1916, the defendant entered into a written contract to purchase from the plaintiff a steam traction engine, separator, self-feeder, tender and other threshing machinery to be delivered at the town of Ransom, Kan. The action is to recover damages and freight charges for the refusal on his part to accept the machinery. The trial resulted in a verdict in favor of the defendant and the plaintiff appeals.

The defendant was to receive the machinery on its arrival at the railroad station, and to pay the freight from the factory at Battle…