Arndt v. Crowell

The foremost question here involved is whether the transaction between plaintiff and defendants below constituted a sale or a bailment. Judgment is based upon the verdict of a jury; the effect is the acceptance of defendants’ theory as pleaded, which is that Arndt stored his 1923 crop of wheat in the amount of 651% bushels in defendants’ elevator (for future sale, the consideration to be based upon the market price on the day Arndt elected to sell), and that prior to his election and on January 15, 1924, the elevator belonging to defendants, from some unknown cause, and without negligence on…