Allen Hall v. Roberts

Opinion by

Keller, J.,

There was evidence produced on the trial of the action from which a jury — or in this case the referee — might find that the order for a carload of cantaloupes, a carload of potatoes and a carload of peaches constituted one contract: Weeks v. Crie, 95 Me. 458, 48 Atl. 107; Garfield v. Paris, 96 U. S. 557; Mills v. Hunt, 20 Wendell (N. Y.) 431; Jenness v. Wendel, 51 N. H. 63; Coffman v. Hampton,.2 W. & S. 377; and the referee having so found, it follows that the delivery to and acceptance by the defendant of the carload of cantaloupes and his payment therefor constituted…