Pitt v. Emmons

The plaintiffs are dealers in grain at Baltimore,- and the defendants conduct a similar business at Detroit. In September, 1888, the plaintiffs purchased of the defendants by’’sample 15 cars of wheat to be delivered. Four cars were delivered, which plaintiffs claim were not equal to sample, and the plaintiffs thereupon refusing to accept more of similar wheat as answering the terms of the contract, and the defendants refusing to ship wheat of the grade claimed by plaintiffs, no more was shipped. This action is brought to recover damages for the alleged failure to fulfill the contract, both…