This section contains the nature of the case and procedural background.

Tipton (P) agreed by parol to sell to D, 88 dressed hogs then at the slaughterhouse of a third party at 7 cents per pound, and certain live hogs of P's that were then on their way from Ohio for 5.25 cents per pound live weight. The dressed hogs were to be delivered on the sale date with the rest upon arrival. The dressed hogs were delivered but not paid for, and the others arrived five days later and were not delivered but slaughtered and sold to other parties. P sued D. D claimed that P could not recover on the dressed hogs as it failed to deliver the live ones. The referee held that P was entitled to damages less the cost of D's damages for failure to deliver the live hogs. P was awarded a net of $780.38. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.