Kansas Flour Mills Co. v. Brandt

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment for $510 damages for failure to deliver wheat sold to the plaintiff. The defendant appeals.

In August, 1914, the plaintiff purchased of the defendant 3000 bushels of wheat at eighty-three cents per bushel, to be delivered September 15, 1914, or at any time during the month of September before the 15th. On September 9 the defendant notified the plaintiff that he would not deliver the wheat, and the plaintiff on that day purchased other wheat of the same grade for $1 per bushel, the then current price at the…