Richard Cocke & Co. v. New Era Gravel & Development Co.

Appellee brought this suit against the appellant for $477.96, alleging that either in the latter part of 1911 or early part of 1912 it entered into a contract to deliver gravel to the appellant in payment of a loan of §1,000, at the rate of $1.90 per cubic yard, on a basis of 3,000 pounds to the cubic yard; that there was delivered to appellant 1,034.326 cubic yards at said price; and thafby special agreement for a special grade of gravel 37,466 cubic yards were sold at $2 per cubic yard. In addition to the foregoing plaintiff alleged that it paid $24 demurrage due to the fault of the…