Livesley v. Strauss

The court instructed the jury that if they found that the plaintiffs were entitled to recover the amount paid for freight they should deduct $4,924.90; or if they found that the plaintiffs were not entitled to recover any amount on account of the freight they should return a verdict for the defendant for $4,924.90. In other words, the court told the jury that Strauss was entitled at all events to the return of the advances made on the contract after deducting the price of the 29,642 pounds of hops delivered. This instruction was error.

The pleadings admit that on September 17, 1915, the…