Mintken v. NEBRASKA SURETY COMPANY

Elmer Mintken sued the surety on a grain warehouseman bond for the balance due on an alleged sale of corn by Mintken to the principal. The district court directed a verdict for Mintken, and it rendered judgment for $4,215, the alleged balance due, without interest to date. Defendant appeals. It contends that the sale was made to one other than the principal. Mintken cross-appeals. He contends that he was entitled to interest from date of delivery of the grain to the principal.

The principal on defendant’s bond was Davis Feed and Grain, Inc., of which D. E. Davis was president and his wife,…