McSherry v. Blanchfield

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued the defendant for the value of wheat which he had stored in the defendant’s elevator, and which the defendant sold. He alleged an express contract covering the terms of the transaction. The defendant admitted the storage of the wheat and its sale, and claimed the relations of the parties were fixed by an express agreement, but the contract he proposed differed in certain material respects from that for which the plaintiff contended. At the trial'the defendant offered^ evidence of a custom among elevator men of the locality…