Kipp v. Carlson

The opinion of the court was delivered by

Allen, J.:

This was an action to recover the value of wheat deposited by plaintiff in defendant’s elevator. The jury returned a verdict in favor of the plaintiff. The court sustained defendant Carlson’s motion for judgment notwithstanding the general verdict. Plaintiff appeals.

The controversy hinges on whether the petition states a cause of action upon an implied contract for the value of the wheat or in tort for the conversion thereof.

The amended petition alleges:

“1. That plaintiff is a farmer, a resident of Pratt county, Kansas, and his post-office…