C. A. King & Co. v. Horton

In disposing of this case we disclaim any purpose to overturn the general doctrine non allegata non probata, but, on the contrary, the conclusions we have reached are upon the theory that that doctrine has no application to the instant case for two reasons:

First. Enough appears in the pleadings to show that the contract was not one where grain was actually sold or expected to be delivered, but, on the contrary, was an “executory contract which the party paying or to pay does not intend to complete by receiving or delivering the whole of that which is so contracted for, but to resell before…