Legal Opinion

Kansas Elevator Co. v. Harris

Court of Appeals of Kansas

Decided July 16, 1897No. 256PublishedCited by 3 opinions

Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. The plaintiff in error, the Kansas Elevator Company, was engaged in the business of operating an elevator. It received from the defendants in error certain corn to be by it unloaded, stored and reloaded.

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Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. The plaintiff in error, the Kansas Elevator Company, was engaged in the business of operating an elevator. It received from the defendants in error certain corn to be by it unloaded, stored and reloaded. The plaintiffs below, W. H. Harris & Co., claimed that the Elevator Company had failed to return either the identical corn or corn of like grade and value, and had failed to return all of the corn delivered to it; that certain corn delivered to the Elevator Company was number two, white corn, of the crop of 1891, and was…

1Opinion of the CourtWells, J.

There are five specifications of error. We will consider the first two together. By these the plaintiff in error alleges that the court erred in admitting testimony as to the value of old corn, and testimony as to the difference in' value of old and new corn. One of the claims for damages was that the plaintiffs had, during the fall of 1892, furnished defendant a certain amount of number two, white corn, of the crop of 1891, and, under the contract, were to have the same corn or an equal amount of corn of the same kind and quality returned ; but that the defendant returned part only, and that…

2Cited by3 opinions

  1. Kipp v. GoffeSupreme Court of Kansas · 1936
  2. Harris v. Kansas Elevator Co.Supreme Court of Kansas · 1903
  3. Kansas Wheat Growers Ass'n v. Farmers Elevator Co.Supreme Court of Kansas · 1928

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