Rickel v. Atwood Equity Coöperative Exchange

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for the failure to deliver wheat which plaintiff claimed he purchased from defendant. There was a trial to a jury, verdict and judgment for defendant and the plaintiff appealed.

The plaintiff was a grain dealer at Salina. The defendant operated a grain elevator at Atwood, Kan., which was managed by Wm. J. Manning. Plaintiff claimed that, on August 12, 1919, he purchased, by telephone from the defendant, through its manager, two capacity cars of No. 1 hard wheat for prompt shipment at $2.21 per bushel, K. C.…