North American Ginseng Co. v. Gilbertson

I. On the 23d of May, the parties to this action entered into a written contract for the sale of a quantity of ginseng, as follows:

“St. Ansgar, Iowa, 5-23-23.

“Memorandum of Sale.

“Sold to the North American Ginseng Company, Inc. about 1000 pounds of dry Ginseng free of Culls, fiber and Broken Root, at $14.50 per pound.

“Prices on Culls, Fiber & Broken as follows:

“Price for Fiber $3.00 per pound.

“Ginseng to be shipped by Express about November 1st, 1923, addressed to the North American Ginseng Company, Inc., 126-130 West 22nd St., New York.

“Received as deposit and part payment on account…