Farmers Grain & Supply Co. v. Lemley

(dissenting)—I dissent. Respondent contracted to deliver grain in hulk only. It is a well known fact, of which we may take judicial notice, that hulk wheat differs from sacked wheat, in that the latter includes the labor of sacking and the cost of the sacks in which it is contained, and commands a higher price in the market than bulk wheat. Therefore, under the contract, respondent was under no duty, in any event, to deliver sacked wheat. The place of delivery was mutually agreed upon and named in the contract, and it is immaterial which party first proposed it. Presumably it was a public…