Mentze v. Rice

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover for the conversion of certain wheat, and from an -order sustaining a demurrer to his testimony he appeals.

On or about September 3, 1914, plaintiff deposited in the grain elevator of the E. A. Wales Milling Company at Harper 735 bushels of wheat, taking the following receipt therefor:

“E. A. Wales, Sec’y., Treas., and Gen. Man’gr. Prices subject to change without notice. E. A. Wales Mill Company, Ltd. Capacity: 300 barrels flour, 100 barrels meal. Harper, Kansas, Sep. 3, 1914.

“Reed of Mr. A. W. Mentze 628 bushels…