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Contracts Keyed to Farnsworth
Hurst v. W.J. Lake & Co.
Citation:
16 P.2d 627Facts
W.J. Lake & Company (“Lake”) (defendant) and Hurst (plaintiff) were both members of a group of traders in horse meat scraps. Lake contracted with Hurst to purchase 350 tons of horse meat scraps. Per the agreement, Lake was to receive a discount of $5.00 a ton if the scraps contained less than 50 percent protein. When Lake received the scraps, the protein on the scraps varied from 49.53 to 49.96 percent. Lake paid only $45 a ton to Hurst, who brought suit to recover the remaining balance. Hurst alleged that Lake was aware of trade usage that “less than 50% protein” required a buyer to accept all scraps containing 49.5 percent protein or more.
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13m 45s
