Utne v. McCabe Bros.

Defendant appeals from an order overruling its demurrer to the complaint on the ground that the complaint fails to state facts sufficient to constitute-a cause of action. The complaint alleges in substance that on September 22, 1924, plaintiff delivered to the Berkner Grain Company, a public warehouse in Ortley, S. D., a quantity of wheat and rye, and received therefor a storage ticket. That on January 14, 1927, while the storage contract -was still in force, the Berkner Grain Company by a contract and arrangement with defendant turned over its warehouse and the contents thereof to defendant;…