Stewart's v. Redmond

Suit by appellees against appellant to recover damages for breach of contract in writing for the purchase of eggs.

The question of prime importance on this appeal relates to the action of the trial court in giving for the plaintiffs the affirmative charge duly requested and refusing a like charge requested by defendant.

Under the terms of the contract the plaintiffs were under no obligation to deliver any eggs to defendant, only an agreement on defendant’s part to take a certain quantity at a given price. Following the terms of the contract, had no eggs been delivered thereunder by the…