Clark v. Topeka Flour Mills Co.

The opinion of the court was delivered by

Porter, J.:

The appellant, claiming that he bought from the appellee 5,000 barrels of flour delivered in Chicago and that only 4,000 barrels were shipped, bought in 1,000 barrels at an advanced price and sued to recover the difference. There was a judgment against him for costs, from which he appeals.

The trial court made findings of fact in substance as follows:

Clark, the appellant, is a flour merchant in Chicago,. 111. E. E. Pierson, a commission merchant and broker in flour at Kansas City, had had many transactions with the Topeka Flour Mills Company,…