Kelley & Lysle Milling Co. v. Schreiber

The opinion of the court was delivered by

Porter, J.:

The plaintiff sued to recover a balance alleged to be due on an account of sales of several carloads of wheat shipped to the plaintiff by the defendant, after crediting him with the market value of the wheat and charging him with drafts drawn against the same and with freight, interest and storage charges. Issues were joined and the cause was referred to a referee. The referee’s report was duly filed, with his findings of fact and conclusions of law. The defendant moved to set aside the findings of fact and conclusions of law and for a new…