Lillie

In this case defendant appeals from a judgment rendered against it in the sum of $435.38 as damages for the breach of a contract.

The order of the court in overruling defendant’s general demurrer to the complaint is assigned as error. The complaint alleged the making of the contract, set out in haee verba, from which it appears that, on June 12, 1917, plaintiff agreed to sell and defendant agreed to buy the entire crop of potatoes grown by the former, the quality of which was specified as being first class, not less in weight than three ounces each, and to be delivered f. o. b. cars, Elsinore, or as buyer directs, at the price of $2.50 per hundredweight. It is further alleged that about July 10, 1917, plaintiff notified defendant that he was ready to deliver the potatoes in accordance with his contract, and that thereupon defendant sent an agent to inspect the same, who, after such inspection, refused to accept the potatoes or any part thereof, or pay for the same pursuant to the agreement, as a result of which plaintiff alleged he was damaged in the sum of $439.45, which sum, upon demand, defendant refused to pay.

[1] The making of the contract set out in the complaint,…