Hengehold v. National Creamery & Produce Co.

WOOD, J., pro tem.

This action is for damages for breach of an alleged agreement by defendant to deliver certain eggs to plaintiff. Judgment .went for plaintiff. Defendant appeals. Various points are raised. Only one need ¡be considered, for it is determinative: Was there a contract ¡of sale between the parties!

One Sherod, the representative of a brokerage firm, knowing that defendant had these eggs in storage, telephoned and received from defendant a price on the eggs and authority as broker to sell them. No terms as to time of delivery or of payment were specified. Later Sherod communicated…