Bassi v. Walden

The plaintiffs were given judgment and the defendant appeals.

February 17, 1921, plaintiffs entered into a contract with the defendant reading as follows: “The parties of the first part do hereby agree to deliver 200 M A #1—6 ft. stakes at the Shively switch. Delivery to be made as soon as possible. Price to be paid—$52 per M delivery at switch or $53.30 delivery on cars. One half to be paid on delivery at switch, balance to be paid 10th month following shipment.’’ Under this contract either four or five carloads of stakes were delivered to and shipped by defendant during the early part of…