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Show REVERSAL IS ORDERED BY SUPREME COURT The supreme court on Wednesday handed down an opinion reversing the Judgment of the lower court In the case of F. A. Nuberger against David Robblns. doing business as David Robblns & Co.. appellants. The action ac-tion wns brought In Cache county to recover damages In the sum of $1TG.7.1 for breach of contract In the purchase pur-chase of some wheat. Neuberger and several other parties, on September 1, 1M7, contracted to sell 3.000 bushels bush-els of wheat to Robblns at G4 cents per bushel. When wheat went up .a i short time later to 68 cents, Neuberger Neu-berger sent word to Robblns that ho would not sell at the price agreed upon In tho contract Robblns, on October 10 of the same year, agreed to pay Neuberger 68 cent3 for his wheat. Instead of shipping 2.000 bushels, as agreed, Neuberger only shipped 1112 1-2 bushels, and Bobbins refused re-fused to pay him but 64 cents for it. He sued for the balance at 68 cents per b'ibbel and wa.i given Judgment fir $170.73. Kobbins put in a conn-teiclaim, conn-teiclaim, In which he askod damages lor ?2S0 because Neuberger failed to ship the entire amount of 3,000 bushels bush-els and he was compelled to buy enough to make up that amount at 3 cents per bushel. The lower court did not recognize the counterclaim counter-claim at all and the supreme court reversed the Judgment and remands the case for a new trial. Justice McCarthy wrote the opinion of the court, which is concurreJ in bv Chief Justice Straup and Justice Frlck. |