R. E. O'Flynn & Son v. Ebelhar

Opinion op the Court by

Judge Miller

Reversing.

By a written contract, dated December 23r^l[9T67tke appellees, Elizabeth Ebelhar and Tom Fenwick, her tenant, sold their crop of tobacco, estimated at 9000 pounds, more or less, including leaf, lugs and trash, to R. E. 0 ’Flynn & Son for $11.00 per hundred pounds. The *153contract provided that the tobacco was to be well picked, not to be sprinkled, and free from funk or mold. It also contained a memorandum showing that four acres of the crop was bright tobacco.

On January 5th, 1917, Fenwick and Peter Ebelhar, who represented his mother, Elizabeth…