, 1877-11-10


OF buv at future time. any grain, ETC.. Rlnll lie
gnc,l in certain sunl, orcontnc1 In the COIN
tv jail, etc: rnl all contracts made '' violation
Of thu ..cton sa !, 'e so Goa1s5e m.sso fSsn.
Of 1874, 81, Sec. i@. In orler t. 70 dstsrminc t,
whether the cnntentts In question fal! within tho !
statute, a brief reference 10 tho evidence bcar-
ing upon Tho point ts necessary. |
Inc defendant, In answer .ocertatn questions: |
stated: "rcll the Jury what you contracted
with them to buy for yon."
s'No. spring wheat"
e. instruct them to bMJ tho privilege Of pnr-
.n.,Ss sSs; ;,s.,; s,5 Instructed them to o"y No.
"Dld OF in any OF your letters Or kilograms
purchase ii tic future1"
"No, str; It was No. 2hptfn4 whcat.n
"They, purchased to,oou bushels Of No. 2
spring wheat for you'll -
'"Ihifty thousand"
..You Instructed tlls purchase to DO madel"
"Yod contracted for No. 2 spring wheast"
"Yes, sir.n
Nj. siusick, one Of the plaintiffs who p,lr-
chased thc grain, stated That the or1srs gtySE
grain ldd been called for l,y the defendant 1t
would have been forthcoming.
It II clcat from this proof that the parties
Ifs wcrc Instructed to huy for The defendant q
and actually bought II. Under the contracts
made DID not sye sn e y n Snto ta buy, but
the grain at the time he was 70 receive It, he
would lie hound to rctponl In t'amnces SO with
tho parties Of whom, tic grain was bpnght: 1hcy
The GRIM, md were bound to deliver IL 1t the
tino spcciGcd, or, on failure, would 10 1able In
damages. -
The statute does not prohibit party from SELL
not III. purpose Of tlc statute; ner can It make
anv difference as to the legality Of the contract,
whether thc party WHO sells for future tlei,TeEy
ht the time tue saso u , n'uIe hos on hand tte
thy Of grail, Tor delivery in week .. month
hcnec, and then go upon tho market and buy
the grain to MI tho contract. It Is trtie, thc
aeieans ha se %psom, Tnasf , io e"slae co Msi
he would receive the grai,l, but such 90 option
does not fall within tho statute, for the reason @
that i docs not render the sa'e optional; W., We
wn te state eseve no no. @
Tho Judgment Of tho Circuit Court will be
affirmed. ......--..-
The Judges Ut tho Appellate Court yesterday
nrotnul0atcd tho code Of rules they i,ayo pr9-
pared for t!,e1r government; These rules tforty
in numucr> have becn sent to the printer, ara
Bar. The following rules Of tho Supreme
Court, ~ printed ID E. D. Myers l'ulcs Of
Practicc,n have been adoptol verbatim: Nos. !,
Ii H. III IL ~ y i, II, ~ on "a y "a; IL II
Nos, il, ii, 81, and il to %, both inclusive, 81
aad ii q II d Ing 6 saprems Court isve 5een de.
Gos1 rssanS 11tfq S ,ho t. srs =; @ w.
has been adopted, with slight amendment.
No. e2, relating 70 the order In which motions
Dc ,t has ~, Eeet npoyns
thot a ronv ~ snceini mntjnn md tic rensp,1s
s,t T aSgvi,a 20, ,rhtcs Il is tSsed si,ait ho
served on The opposite party or . hs ! attorney,
and omietlnE the cause pfot!'otllnR o9ai afga-
an,ensimcnt i made providing that only fye In
furnished ia eaci, case, and the rule IL then
aaoPteu puppy, r., us;o % NJ NJ rci"ttnr ~ n,oi
1or ton ~ tsuo ancorno,a,c m vi Sith Nn ~ IL oG IN
H. ssma snticet M. #, ia amended bY inserting
altar - nr,r,lincnl.D ia 1rst line, Hupon The
hcarlur ot 4 calsc," and nddng at the end
Hand unon motions 10 6ftoen ninutcs,n No
~ anu rciotino TvEm s1 ~ .Iamnncs on tlismssint
appcnls. Is amcnded 6y making ID damages s
10 per ctnt on tnc nfet slo, Any
fst II S9 :1ssssaSs
for s.an opinion 1lcd," ahd "b" for "lo,
With these exceptions, and gone ,posslbl'
vS; 9.uSIn nrc ~ n,tnntcd hy i,,o Annollate Court.
IN nincc n HnIo ho. howcTcr. teyo now one
t,a.c hcrn ,3ec;ied on. whici, aro rs follows:
~. i,a,. os"in III s.,cs whore I'm r.e ord ,hal
NoT e n III viii n .se ort not less tnan twcm
Isys ioforc the 1rat day OF tne term. and Includin
ea'srs cuntnued from ! former term, the piaiatI
in error or appellant mail ac win the Clerk hi
day Of ihe torm tna the defendant IN csI9r Or ap
rclles shalt aio H. pre-! ene ny nstoro u
S!, c w. Ia Ell at ihc rao Of ion Causes c