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Contracts Keyed to Jimenez
Bush v. Canfield
Facts
Canfield (defendant) consented to convey flour to Norton and (Bush) (plaintiff), a partnership, at the very latest May 1. The agreement stipulated that the cost of flour would be $7.00 per barrel at the season of conveyance. Bush paid $5,000 ahead of time for the flour and consented to pay the rest of the adjust from that point. Canfield did not convey the flour. Bush brought suit for damages and the matter was attempted before a jury. Proof was presented at trial demonstrating that the cost of flour in New Orleans on May 1 was $5.50 per barrel. The trial court instructed the jury that, if the jury found for Bush, the damage would be the amount Bush paid in advance plus interest. The jury restored a decision for $6,771. Canfield appealed to the Supreme Court of Errors for another trial.
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