Wichita Mill & Elevator Co. v. Liberal Elevator Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Action by the Wichita Mill & Elevator Company against the Liberal Elevator Company. Judgment for plaintiff for an insufficient amount, and it brings error.
1Opinion of the Court
STONE, Circuit Judge.
Damage for Breach of Cpntract. A writ of error based on alleged right of larger recovery by plaintiff below from judgment in its favor for $986.97. Tried to the court on stipulation of facts and brief undisputed oral testimony.
The Contract. July 14, 1914, Lhe Liberal Elevator Company of Hutchinson, Kan., sold to the Wichita Mill & Elevator Company, of Wichita Falls, Tex., 25,000 bushels of wheat to be delivered f. o. b. Galveston, Tex., during that month subject to the following rule of the Kansas Grain Dealers’ Association:
“Elite 7. Incomplete Shipments. "When the seller…
2Cases cited6 opinions
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
- Empire State Surety Co. v. Northwest Lumber Co.Court of Appeals for the Ninth Circuit · 1913
- McCormick Harvesting Machine Co. v. WarfieldAppellate Division of the Supreme Court of the State of New York · 1898
- McCormick Harvesting Mach. Co. v. WarfieldAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- Strong v. ThurstonSupreme Court of Kansas · 1920
- Bennett v. HatfieldSupreme Court of Kansas · 1924