New Richmond Roller Mills Co. v. Arnquist

This action was brought to recover damages for failure to deliver 900 bushels of barley under an alleged contract of sale. The evidence shows that the parties entered into an oral agreement for the purchase by the plaintiff from the defendants of about 136 bushels of wheat at an agreed price of $2.10 per bushel, and 900 bushels of barley at $1.20 per bushel; that defendants delivered and plaintiff accepted and received under the contract the wheat purchased, being 136 bushels and ten pounds, but defendants refused to deliver the barley.

The court nonsuited the plaintiff on the ground (1) that…