Wool Growers Commission Co. v. Gabler

On April 1, 1927, the appellant entered into a written contract with one John Lofland, under which it agreed to sell to him 2,100 head of lambs, to weigh approximately 65 pounds per head, at nine cents per pound, to be delivered on or before September 10, 1927; $2,100 was paid upon this contract at the time it was entered into. The contract was assigned to appellee, before September 10, 1927. Appellant failed to delivef the lambs as provided in the contract, and appellee brought suit on a complaint in two paragraphs for damages sustained.

The first paragraph of complaint was filed upon…