42 Ind. App. 240 | Ind. Ct. App. | 1908
Appellee sued appellant for damages for failure to deliver fertilizer pursuant to contract.
The complaint is in two paragraphs. Each alleges that the defendant was a corporation organized under the laws of the state of Illinois and engaged in the manufacture and sale of fertilizer; that on January 26, 1905, defendant and plaintiff entered into a contract, partly in parol and partly in writing, whereby it appointed plaintiff as its agent for Dubois, Orange and Crawford counties. The first paragraph further alleges that it was agreed by the terms of the con
The second paragraph further alleges that plaintiff was to take whatever fertilizer he required up to forty tons, with the privilege of taking more fertilizer, if mutually agreeable to both defendant and plaintiff; that afterwards they mutually agreed that plaintiff should take 140 tons; that he was to have as his profit for the sale of fertilizer all sums of- money for which he sold said fertilizer over and above the amounts set out in the contract; that he after-wards took orders for 210 tons, and that his profit for the same was $3 per ton; that after he had sold 150 tons he notified defendant that he would require 150 tons to supply the orders he had taken; that the defendant agreed to furnish all the fertilizer that plaintiff might ne'ed, but refused to deliver any part thereof; that plaintiff lost twenty-three days in going to and returning from French Lick, to where said fertilizer was to be delivered, and his expense amounted to $1 per day; that he performed all the conditions of his contract. Judgment is demanded for $450.
Defendant answered the complaint in three paragraphs; the first being a general denial. In the second the execution of the contract is admitted. In substance, it is alleged that, after the making of the contract, defendant learned and was' informed and charges the fact to be that plaintiff had
Roby, J., absent.