Baumgardner v. Kerr-Gifford & Co.

The appellant as plaintiff brought two actions to recover the value of wheat alleged to have been converted by the defendant. These actions were consolidated and tried together by the court, sitting without a jury, resulting in findings to the effect that the plaintiff had sold and delivered his wheat to one William Mackie, an independent grain dealer, who in turn sold to the defendant, and a judgment of dismissal followed. The plaintiff has appealed.

After a careful study of the evidence, we find ourselves unable to concur in the facts found by the trial court. We are not unmindful of the…