Fletcher & Co. v. Shelly & Co. 1 Mann. Unrep. Cas. 169

No. 5808.

Fletcher & Co. vs. Shelly & Co.

A contract was made for the sale and delivery of a number of casks of dry shoulders A part was delivered and paid for. On the delivery of the residue, acceptance was refused. The market had fallen. The plaintiffs sold the lot at private sale, and brought this suit to recover the difference between the price obtained and the price agreed on. Held, they were not obliged to sell by public auction, the proof being that the price obtained at private sale was the highest market price then ruling.

Appeal from the Sixth District Court of New Orleans. Saucier, J.

McGloin & Nixon for Plaintiffs Appellants. Cotton & Levy and Semmes for Defendants.