Hayes v. Cardwell

*557The opinion of the court was delivered by

DAWSON, J.:

This lawsuit arose between plaintiff and defendant, both grain dealers, over the sale of a carload of wheat. Sales of other carloads of wheat were incidentally involved.

The plaintiff was a grain dealer in Wichita and Winfield, and the defendant was engaged in the same business in Topeka. On August 3, 1917, by telephone communication the defendant purchased from the plaintiff two carloads of No. 2 hard wheat at $2.87 per bushel. Pursuant to the custom of grain merchants, written confirmations of this sale were mailed to each other by the…