Nebraska Supreme Court September 16, 1908, No. 15,184 (Backes v. Schlick)

Dufeie, C.

December 10, 1904, the defendant, Schlick, agreed in writing to purchase from the plaintiff certain fruit trees, for which he agreed to pay $135 upon delivery of the same at Humphrey, Nebraska, on April 9, 1905. The agreement contains the following provisions: “I hereby agree to come or send for the goods purchased on the day set for delivery.