Star Brewery Co. v. Horst

Citations

• 120 F. 246
• 58 C.C.A. 362
• 1903 U.S. App. LEXIS 4484

Syllabus

<p>1. Sales — Construction — Agreement to Purchase Article to be Produced.</p> <p>A contract by which the first party agreed to sell and deliver hops of a certain quality, of the crop to be grown five years after the contract was made, and the second party agreed to receive and pay for the same, does not constitute a sale, which entitles the first party to recover the contract price for goods sold and delivered, on the refusal of the second party, without justification, to receive and pay for the hops when tendered at the designated time and place of delivery, but is merely an agreement to sell and purchase at a future time; and the remedy of the first party is by an action for damages for breach of the contract.</p>