Getty v. C. R. Barnes Milling Co.
Supreme Court of Kansas
Error from Glay District Court. ActioN brought by John Getty and Arthur Lakin, partners as John Getty da Co., against the C. JR. Barnes Milling Company, a corporation, to recover the purchase-price of two car-loads of flour. At the May term, 1886, the court sustained a demurrer to plaintiffs’ evidence; new trial denied; judgment against plaintiffs for costs. They bring the case here. The material facts appear in the opinion.
1Opinion of the Court
Opinion by
ClogstON, C.:
Plaintiffs in error brought this action to recover $1,350, the price of flour sold by them to C. R. Barnes, or the C. R. Barnes Milling Company; and at the trial a demurrer was sustained to the plaintiffs’ evidence. John Getty & Co. were a milling firm at Ellsworth, Kansas, and the defendant, the C. R. Barnes Milling Company, was a corporation engaged in the milling business at Clay Center. About July 27, 1885, C. R. Barnes went to Ellsworth and purchased of the plaintiffs sixty thousand pounds of flour, at $2.25 per hundred-weight, to be paid for in thirty days. At *283this…
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