E. L. Hasler Co. v. Griffing Florida Orchard Co.

The appellee sued appellant in assumpsit. The declaration consists of a special count and the common counts. In the special count it is averred substantially as follows:

The defendant, on June 24, 1904, at Jacksonville, Florida, bargained for and bought of plaintiff, at defendant’s request, and plaintiff sold defendant a carload, 341 crates of fancy peaches and 59 crates of extra fancy peaches, at $1.70 for the former, and $1.95 for the latter, per crate, delivered by plaintiff to defendant at Chicago, to be paid for on delivery; in consideration thereof defendant promised plaintiff to accept…