Ellis Gray Milling Co. v. Sheppard

The first assignment in respondents' motion for rehearing complains of error in our holding that the original. September, 1945 contract for the shipment of the corn was not modified so as to provide for a $1.43 price per bushel instead of $1.22-½ for the two cars of corn to be shipped in July, 1946, here involved. On that point respondents stress broker Carter's letter of July 5, 1946 to respondents. We think it does not help respondents, and set it out, with interpretative parentheses and emphasis. It said:

"On the last two cars (in June) you shipped them (appellants) he (appellants) allowed…