McGraw v. Hildebrant

This action was brought by the plaintiff in error, as plaintiff. below, against the defendant in error, as defendant below, to recover damages alleged to have been sustained because of the failure of the defendant to deliver certain cane seed sold by him to the plaintiff under -a contract reading as follows:

“This Memor Witnesseth that: L. S. Hil-debrant of Newkirk township, Kay county, this day sells to T. F. McGraw, about 200 bushels of No. 3 or better cane to be delivered to the elevator of said T. F. Mc-Graw at Newkirk, Okla., at $4.75 per cwt. Delivered as soon as he can thresh same. Said…