Lamborn & Co. v. Apollo Supply Co.

Opinion by

Linn, J.,

After plaintiffs had proved their claim, defendants counterclaimed against it for damages resulting from plaintiffs’ alleged breach of contract to sell sugar to defendants. The court refused to direct a verdict for plaintiffs, and instructed the jury to find for defendants and to assess the damages. Plaintiffs moved for judgment, n. o. v., and their motion was refused. Judgment against the plaintiffs was entered on the verdict as directed.

This appeal depends on the meaning of the contract which is the basis of the counterclaim. It provided: “We [plaintiffs] have this day…