Johnson v. Hoffman

The opinion of the court was delivered by

Oliphant, J.

James P. Johnson of Bucyrus, Ohio, was a seller of livestock and by telephonic communication sold four shipments of cattle to the defendant Hoffman, of Elemington, Hew Jersey, during the fall of 1946. Of these shipments three were accepted and paid for by the defendant, but no cash payment was made for the shipment of October 30, 1946. Two of the shipments were made prior to and one after that of October 30, At the time when the plaintiff shipped the carload which is in issue in his complaint the defendant then owed the plaintiff for the…