Bennett v. Cummings

The opinion of the court was delivered by

Mason, J.:

A. H. Bennett, of Topeka, who does business under the name of the Bennett Commission Company, brought an action against M. T. Cummings, of Beatrice, Neb., to recover damages for the failure of the latter to comply with a contract for the sale to the former of a quantity of corn. Upon the trial the defendant objected to the introduction of any evidence under the petition for the reason that it failed to state *648facts sufficient to constitute a cause of action. The court sustained the objection and rendered judgment, which the plaintiff now seeks…