Kaw City Mill & Elevator Co. v. Purcell Mill & Elevator Co.

Opinion of the court by

Hainer, J.:

This was an action brought by the defendant in error, plaintiff in the court below, against the Kaw City Mill and Elevator Company, to recover damages for the nonperformance of a contract alleged to have been entered into between said parties for the purchase of a quantity of corn for a stipulated price. From a judgment for the plaintiff in the court below, the defendant appeals.

There is but one question for determination by this court, and that is whether the facts, as shown by the evidence, were such as to constitute a contract between the parties. The…