Starks v. Schlensky

On December 1,1902, the parties to this suit entered into a written contract, by which appellant, a resident of Chicago, sold to appellee, a resident of Joliet, a carload of potatoes to consist of 250 bushels of Triumph potatoes at seventy-one cents per bushel, and 250 bushels of Ohio potatoes at fifty-five cents per bushel, to be shipped from appellant’s warehouse in Plainfield, Wisconsin, not later than May 1, 1903. Appellee paid $50 in cash and agreed to pay the balance upon presentation of the bill of lading accompanied by sight draft. The contract provided that appellant should be…