Bassi

The plaintiffs were given judgment and the defendant appeals.

February 17, 1921, plaintiffs entered into a contract with the defendant reading as follows: “The parties of the first part do hereby agree to deliver 200 M A #1—6 ft. stakes at the Shively switch. Delivery to be made as soon as possible. Price to be paid—$52 per M delivery at switch or $53.30 delivery on cars. One half to be paid on delivery at switch, balance to be paid 10th month following shipment.’’ Under this contract either four or five carloads of stakes were delivered to and shipped by defendant during the early part of 1921, the evidence being conflicting as to the number of cars. In addition to the stakes shipped, the plaintiffs, up to January 20, 1922, had piled 165,000 stakes south of the depot at Shively. On the latter date the parties entered into the following agreement: “Agreement entered into between Bassi & Co. of the first part and E. D. Walden, party of the second part. The party of the first part agrees to load 165000 stakes price to be paid fifty-one dollars ($51.00) f. o. b. car, and agrees to stand all shortage and culls, load promptly and load light stakes 165,000 stakes now piled south of…