Fraley v. Ford

WINDES, Justice.

Clair Ford, plaintiff, and Harvey Fraley, defendant, entered into an agreement whereby Ford sold to Fraley a tank load of rainbow trout to be delivered in the purchaser’s pool. Delivery was made and checks were given for the purchase price. Soon after delivery the fish died and purchaser stopped payment on the checks. Ford sued Fraley for the amount represented by the checks. Judgment for the plaintiff and defendant appeals.

Eliminating trivial and technical matters the question presented is whether the court should have rendered judgment in favor of defendant for the reason…