Interior Elevator Co. v. Limmeroth

CAMPBELL, J.,

Pro Tempore.

Plaintiff elevator company filed an action at law against defendant wheat farmer for the breach of a written contract wherein the defendant agreed to sell and deliver wheat to the plaintiff.

The amended complaint alleged that the defendant refused to deliver 5,138 bushels of the contracted total of 125,801 bushels. The plaintiff asked for damages in the amount of $13,153.28 plus interest.

The defendant’s answer alleged that the plaintiff and defendant "entered into an agreement whereby Defendant promised and agreed to sell to Plaintiff all of the wheat then stored in…