Platter v. Acker

The appellee recoverd judgment in replevin for the possession of a stock of 'merchandise and fixtures.

His sole claim thereto, taking that view of the evidence most favorable to him, rests upon the fact that appellant had entered into a contract for the sale of the goods to appellee, which appellant refused to consummate, although appellee had made full tender of performance upon his part. The contract was clearly executory. It reads as follows:

“This contract and agreement made and entered into this 26th day of February, 1894, between Peter Platter of the first part and William H. Acker of the…