Kansas Flour Mills Co. v. Dirks

The opinion of the court was delivered by

Johnston, C. J.:

The Kansas Flour Mills Company brought this action against E. L. Dirks to recover damages for breach of a contract- to deliver wheat. The contract for the wheat was as follows:

Shaffer, Kansas, Dec. 3, 1914.

“To The Kansas Flour Mills Company.

“I hereby offer to sell you 1000 bushels of wheat to he delivered to your elevator at Shaffer, Kansas, on or before Dec. 30th, 1914, for $1.00 per bushel, off grades to be settled for at market difference on day of delivery. If I fail to make delivery as above specified, you may extend *377time of…