Galinski v. Thomas

Plaintiff instituted this suit to recover damages for the failure of defendant to deliver to him at Northport certain beef cattle which he had purchased of him and made a partial paymént thereon. The parties are agreed as to the stipulations in the contract, save in one particular, and that was as to the time of day the cattle were to be delivered at Northport. Plaintiff’s understanding was that they should be delivered on Saturday, while defendant’s memory was that they should be delivered Saturday forenoon. Defendant delivered them Saturday forenoon, but plaintiff was not at Northport to…