Grimes Co. v. Nelson

Action for damages on alleged breach of contract. Defendant moved for change of place of trial, and on denial elected not to plead further, and to stand on its motion. Duly and timely the court entered defendant’s default, received proof of the contract, its breach and resultant damage, and gave judgment. Ruling on the motion is challenged.

It appears that defendant, a corporation having its place of business in Denver, engaging in writing to that end, sold, f. o. b. Center, to plaintiff, a merchant there, a quantity of potato bags at an agreed price per thousand, which it refused to deliver;…