Strong v. Thurston

The opinion of the court was delivered by

Mason, J.:

H. L. Strong sued Thurston and Son for damages upon two grain contracts, one for oats and one for corn. As the questions raised regarding the former include all those relating to the latter, as well as some others, only the oats contract will be discussed. The plaintiff • arranged with the defendants by telephone for the purchase from them of a car of oats for shipment on or before November 6, 1917. He immediately sent a written confirmation which, among other things, included a provision that if the grain was not shipped within the time…