Kohles v. St. Paul Fire & Marine Insurance Company

This is an appeal from a summary judgment for St. Paul Fire & Marine Insurance Company, defendant and respondent, and against Wilbur C. Kohles, plaintiff and appellant.

Wilbur C. Kohles, plaintiff, made a written contract on April 4, 1960, with E. L. McDonnell & Co., hereinafter referred to as McDonnell, for the sale and delivery of between 200,000 and 300,000 pounds of oriental mustard seed at $5.75 per hundred pounds. At the time of making the contract plaintiff had the mustard seed on hand in storage on his farm. None of it was planted or harvested in 1960, nor was it a growing crop during…