N. L. Hart v. E. L. Marbury

ELLIS, J. -- On the 1st of October, 1919, N. L. Hart and Marbury & Beall entered into a contract which was reduced to writing, signed by the parties and witnessed by one witness. The contract provided that Hart, by his agreement sold and agreed to deliver to Marbury & Beall 60,000 pounds of white Spanish peanuts to be grown on Hart's farm in Jackson County, the peanuts were to be picked, dry and sound and in good merchantable condition to be delivered in Malone, florida, not later than November 15, 1919. It was further agreed that Marbury & Beall should pay to Hart the price of six cents per pound for the peanuts when they were delivered. It was mutually agreed that if suit should be brought upon the contract for a breach of it that the person so bringing the action might recover reasonable attorney's fees. It was further agreed that the title to the peanuts should pass to Marbury & Beall as soon as the peanuts matured.