Richner v. Plateau Live Stock Co.

On the 14th of August, 1900, the appellee, hereinafter designated as the plaintiff, entered into a contract with the appellant, defendant below, where*303in the defendant sold to plaintiff four hundred tons of hay, the same to he measured and delivered the 15th of November, 1900. Among other things the contract contained the following provision:

“It is further agreed by the parties hereto that the hay shall he measured by the same rule and in the same manner that was used by Clarence L. Lamb in measuring the Turner and Gamsby hay in the year 1899, it being always understood that the cube of seven…