Kansas Wheat Growers Ass'n v. Toothaker

The opinion of the court was delivered by

Burch, J.:

The action was one to recover, from a member of the Kansas Wheat Growers Association, damages, expenses and attorney fees for failure of the member to deliver wheat according to his contract with the association. Judgment was rendered for .defendant, and plaintiff appeals.

The controversy relates to nondelivery to plaintiff of wheat sold by defendant in June, 1922, and in August, 1922. The court made full findings of fact, which were sustained by the evidence, and stated the following conclusions of law:

“1. Defendant is not liable for damages…