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If plaintiffs show an interest at stake, they would have a standing in court.
Plaintiff commission merchants sued defendant for breach of contract to store cotton. Defendant claimed that the merchants had no interest in stake; that there was no contract entered into; that defendant was not in default; and that the damages claimed were not in the contemplation of the parties. The trial court rejected the merchants' demands. Plaintiff merchants appealed.
Did the plaintiffs have interest at stake, sufficient to give them standing in court?
On appeal, the court found that on the face of the petition, the merchants had shown an interest at stake, and therefore a standing in court. Although the merchants stated that they were commission merchants and factors, they also stated that they contracted, which was for their own account, for the storage of cotton. The evidence showed that there was a contract entered into between the merchants and defendant. Defendant's claim that he agreed to store the cotton, provided that he could find enough space, was not a condition that the merchants could reasonably have accepted. Also, it was unnecessary to put defendant in default. His refusal or acknowledged inability to receive the cotton dispensed with any such putting in default. Finally, non-performance by defendant of his undertaking justified the claim in damages which was brought against him. Accordingly, the decision of the trial court was reversed.