Kester v. Amon

On motion for a rehearing, the opinion heretofore promulgated is withdrawn, and the following opinion substituted therefor:

In August, 1925, C. H. Kester commenced an action against M. A. Amon, John Bakken and Louis Larson, and in his complaint alleged that the defendants had wrongfully taken from his possession 229 bushels of wheat. He prayed for the return of the wheat or a judgment for the value thereof. Issue being joined, the cause was submitted to the court, sitting without a jury, upon an agreed statement of facts, supplemented by oral testimony on two questions in dispute: (a) As to…