Winokur v. Blitzstein

Opinion by

Linn, J.,

Appellant contends that the order made on defendant’s motion for judgment n. o. v. is not authorized by the statute. The suit was against a firm of bankers to recover the amounts paid here for rubles to be transmitted in October, 1917, to a sendee in Russia. The contract provided that “in view of the existing political conditions” there, the undertaking was subject to delay and “that refund for unaffected payments will be made at the rate of exchange [at] which we are able to dispose of rubles here.” The sendee did not receive the rubles.

We understand that defendants showed…