Acme-Jones Company v. Ellis Milling Company

Opinion op the Court by

Judge Clarke

Reversing.

This is an action by the appellant to recover damages for breach of two written contracts, by each of which ap pellees purchased of it, for future delivery, 500 barrels of flour.

Upon a former appeal, reported in 200 Ky. 811, 255 S. W. 829, we held that the trial court erred in directing a verdict for the defendants, and that the third paragraph of their answer did not state a defense.

The terms of the contracts and the substance of the third paragraph of the answer are fully set out in the former opinion, and neither need be repeated here, since the…