Fruit Dispatch Co. v. Gilinsky

This is a suit by the Fruit Dispatch Company to recover from Bernard Gilinsky the purchase price of a carload of bananas shipped from NeAV Orleans to Council Bluffs. The fruit weighed 21,500 pounds, and the price was $1.70 a hundred Aveight. The jury rendered a verdict in favor of plaintiff for $396.95, the full amount of its claim and interest. From a judgment- for that sum defendant appeals.

The parties disputed over the terms of their agreement. Plaintiff’s understanding is that the sale Avas controlled by the terms of a Avritten contract applicable to all sales to defendant and containing…