Ellis Gray Milling Co. v. Sheppard

This is an action for $3453.66 damages for an alleged breach of a contract for the sale and delivery by defendants to plaintiffs in July, 1946, of the last two of fourteen cars of corn. The cause was tried in the circuit court of Pike county without a jury, and the judgment was for defendants. Plaintiffs appealed to the St. Louis Court of Appeals, where the judgment was affirmed. The opinion of that court is reported in 215 S.W.2d 57. On application of the plaintiffs-appellants the cause was transferred to this court.

The contract, made in September, 1945, was for the purchase of fourteen cars…