Churchill Grain & Seed Co. v. Buchman

Hubbs, J.:

The plaintiff was engaged in the wholesale grain business. The defendant was a flour and feed dealer. Mr. Gressman was employed by the plaintiff as a traveling salesman and had been so employed for several years before the day in question. In April, 1920, he called on the defendant, as he had been accustomed to do once every month, and sold him one carload of No. 2 white oats at one dollar and fourteen and three-eighths cents per bushel, delivered, to be shipped in June. On June twenty-ninth the defendant telephoned to the plaintiff and was told that the car had not been shipped. He…