French v. Atlas Milling Co.

Action for Price of Hat Sold—Number of Tons Delivered—Support of Finding.—In this action to recover the contract price for 150 tons of hay sold and delivered by plaintiff to the defendant, it is held that the court’s finding as to the number of tons sold and delivered under the terms of the contract of purchase is supported by the evidence.

Id.—Evidence—Written Contract Showing Tonnage—Execution by' Defendant’s Attorneys — General Objection — Waiver.—The court properly admitted in evidence a contract signed by defendant’s attorneys, tending to show the tonnage of hay sold and delivered, where the only objection to its introduction was the general one that the instrument was incompetent, irrelevant and immaterial, and did not specify the objection that it was not authorized by the defendant. Such special objection was waived, and cannot be urged for the first time upon appeal.

Ib.—Contract by Lessees to Share Expense of Loading Landlord’s Share of Hay—Finding Against Claim of Defendant.—Where there was a contract between plaintiff’s assignor and defendant’s assignor as lessees of a ranch to pay the expense of loading the landlord’s share of the hay, and there was testimony tending to establish, the gross sum paid by defendant in handling all of the hay received by the defendant, but it cannot be determined from the evidence what portion, if any, of the amount paid by defendant should be applied to the cost of loading the landlord’s share of the hay, it is held that the court properly found that defendant’s claim that it paid the whole cost of loading the hay belonging to the landlord, and that it was entitled to charge plaintiff with one-half thereof, was untrue.