A. Magnus Sons Co. v. Orey

Statement.

GILBERT, Circuit Judge.

The plaintiff in error brought an action against the defendants in error to recover damages for failure to deliver hops in pursuance of a written contract. The hops were to be grown *3by the defendants on leased lands. The plaintiff alleged that the total amount of hops produced by defendants on the lands described in the contract was 38,429 pounds, leaving 9,607 pounds undelivered; that the contract price of the hops was 11% cents per pound, buh.that the plaintiff had voluntarily increased the same to 16 cents. The measure of damages fixed by the contract in…