Comer v. Powell

Appellee Powell, joined by his-two sons, as plaintiffs, sued appellant Comer, alleging that on or about September 1, 1915, Powell and his sons were the owners of certain wheat in ricks in the field, which had been harvested from 325 acres of land; that, they sold the wheat to Comer at the estimated and agreed amount of 4,350 bushels, as-follows: That after they had examined the wheat together, Comer made an offer to purchase the same, and to give plaintiffs therefor 4,350 bushels thrashed and delivered in plaintiff’s wagons on the premises. That all over and above 4,350 bushels which might be…