Farmers' Warehouse Co. v. Pierce-Ingram-Abbott Co.

Plaintiff sued to recover upon a written contract for the sale of a lot of baled hay. Judgment was in its favor, from which judgment this appeal is taken.

On October 31, 1913, the following agreement was made between the parties hereto:

The evidence showed that at the time in question plaintiff was the owner of a stack of baled hay located in a field. Plaintiff by one of its agents made inquiry of defendant as to whether defendant would purchase the hay, and after some negotiation a price was agreed upon and the writing above set forth executed. In the afternoon of the same day, after inspecting the stack of hay, the defendant stopped payment on the check for $250 delivered by it at the time of the signing of the contract, and refused to accept the hay for the alleged reason that it was third-class hay and.not such hay as the contract provided should be delivered to it. Plaintiff insisted that the sale had been completed, and brought this suit to recover the purchase price. It will be noted that the contract recited, first, that the hay subject to the sale was “first-class oat hay”; again, that “said hay shall be well baled, sound, and of good merchantable quality, and of the…