Atlas Railway Supply Co. v. Forster, Waterbury & Co.

Hr. Justice Freeman

delivered the opinion of the court.

This action was brought by appellee to recover a balance alleged to be due under three written contracts. These contracts are not, so far as we can discover, abstracted. It is stated in the briefs of appellee that they provided for the purchase and sale of many thousands of iron castings. Appellant states that it had previously contracted with the Wichita Street Railway Company for the sale and delivery of the articles in controversy and ordered them from appellee, as the latter was expressly informed at the time, to fill such contract,…