G. C. Bowman & Co. v. Wheaton & Luhrs

The opinion of the court was delivered by

Clark, J. :

This is an action brought in the district court of Cloud county to recover from G. C. Bowman & Co. a sum of money advanced to them by Wheaton & Luhrs, as commission merchants, in excess of the amount alleged to have been realized by the plaintiffs from the sale of a shipment of eggs consigned to them by the defendants. An answer under oath was filed, in which the correctness of the account of sales as set forth in an exhibit attached to the petition was denied, alleging that the plaintiffs were negligent in the sale of the eggs ; that they…