Hoop v. Kansas Flour Mills Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover a balance alleged to be due on the purchase price of 770 bushels of wheat. The defense was that plaintiff had been paid in full.

On the issues joined and the evidence adduced by the litigants the trial court gave judgment for plaintiff, and defendant appeals.

Briefly the facts were these: Plaintiff was a wheat grower in Meade county. Defendant has a number of grain elevators, one of which is located at Fowler in that county. On September 1,1921, *770plaintiff delivered 770 bushels of wheat to defendant for storage.…