Sims-McKenzie Grain Co. v. Patterson & Co.

The allegations of the plaintiff’s petition, so far as necessary to an understanding of the opinion about to be rendered, are as follows: Damages are alleged in the sum of $272 for the breach of a written contract, under the terms of which the plaintiff sold to the defendant 5 cars of oats, to contain 5,000 bushels, which were to be shipped in February, buyer’s option, and for which the defendant was to pay 58 cents per bushel, “f. o. b. Atlanta.” The oats not having been ordered out, the petitioner alleges their shipment in four cars, each containing 1,250 bushels, on February 28. The…