Thompson v. Seek

The opinion of the court was delivered by

West, J.:

In August, 1907, the parties entered into the following agreement:

“Holton, Kan.

“I hereby confirm sale to S. J. Thompson of 10,000 bushels (ten thousand bushels), No. 3 or better corn with the privilege of delivering 14,000 bushels (fourteen thousand bushels), optional with me.

“The price to be paid 36% cents per bushel (thirty-six and one-half cents per bushel).

“The corn to be delivered on or before December 31, 1907, at S. J. Thompson’s elevator at Mayetta.

C. J. Seek,

S. J. Thompson.”

On March 3, 1908, Thompson sued Seek for damages for failure…