Contracts Keyed to Barnett
Bush v. Canfield
Canfield (Defendant) and Norton & Bush (Plaintiff), a partnership, agreed that Defendant would deliver flour to Plaintiff. According to their contract, the price of flour would be $7 per barrel at the time of delivery. Plaintiff paid Defendant in advance $5,000 for the flour and agreed to pay the rest later. After Defendant failed to deliver the flour, Plaintiff brought suit for damages. At trial, evidence showed that the price for flour was $5.50 per barrel at the time they entered into a contract. The trial court instructed jury to calculate damages as the amount Plaintiff paid in advance plus interest if the jury found in favor of Plaintiff. After the jury returned a verdict for $6,771, Defendant petitioned for a new trial to the Supreme Court of Errors.
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