Spurgeon v. Imperial Elevator Co.

Plaintiff brought this action to recover a balance alleged to be due from the sale of wheat to the defendant. The defendant corporation was a duly licensed public warehouseman under the laws of this state, operating a grain elevator at Culbertson.

In his complaint plaintiff alleged that between the sixth day of January, 1931, and the third day of April of that year, both dates inclusive, he sold and delivered to the defendant 2,826 bushels of wheat at 54 cents a bushel, and received the sum of $1,014.05 on the account. He sought judgment for the balance of the purchase price. By its answer…