Genesee Fruit Co. v. Barrett (67 Ill. App. 673, 1897)

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

This appeal is from a judgment of $1,684.95, recovered by the appellees in a suit brought against the appellant for a breach of contract.

The appellant corporation is engaged in the manufacture and sale of cider and vinegar, with mills in the States of Hew York and Michigan, and the appellees are jobbers in such products, in Chicago.

Appellant’s treasurer called at the place of business of appellees in Chicago in December, 1891, and, after some preliminaries, executed to appellees the following memorandum of an agreement to sell them forty car loads of cider and vinegar;

“ December 21, 1891.

We to-day sold Barrett & B. 15 cars juice 6£; 20 cars vinegar 6-J-, 4 per cent; 5 cars hard cider 6J, in their packages F. O. B. Lansing, to be taken as wanted previous to September 1, 1892, and it is understood that we shall not be responsible for fermentation of juice if not- ordered out before April 1, 1892.

Genesee Fruit Co.,

John 0. Mott, Treasurer.”

“ Juice ” is the trade name for sweet cider, and “ packages ” is the trade name for barrels, etc. The figures “ ” and “ 6