Rice v. Nixon

The appellee was a warehouseman, and it was his custom to receive wheat on deposit and to place it in a common bin with wheat bought by him, and it was also his custom to sell wheat from this bin, but of this custom the appellants had no knowledge. In August, 1882, the appellant Victoria Rice deposited with the appellee two hundred and ten bushels of wheat; this was thrown into the ■common bin in accordance with the custom of the appellee, and with it was mingled wheat bought by him and wheat .stored by other depositors, and from this bin wheat was sold, from time to time, but there was…