Acme Mills & Elevator Co. v. Rives

Opinion of the Court by

Judge Miller

Affirming

By contract in writing, dated Aprü 10, 1909, the appellee Rives sold his 1909 crop of wheat, estimated at 3,500 bnshels, to the appellant at $1 per bushel, "to be delivered at Fidelia, Kentucky, and to he paid for on delivery. The appellant’s mill was located at Hopkins-ville, Kentucky, about 12 miles from Fidelia. Wheat could he hauled from Rives’ farm and delivered at Fidelia at a cost of a cent per bushel; and the cost of hauling it from Rives’ farm to Hopkinsville was four cents-per bushel. Under the contract as written, after Rives should have…