J. W. Cherry & Co. v. Consolidated Flour Mills Co.

HERR, C.

This is an action by the Consolidated Flour Mills Company against J. W. Cherry, doing business under the trade name of J. W. Cherry & Company, to recover damages for breach of contract for the sale of a certain quantity of flour purchased by defendant from plaintiff under a written contract. The trial was to the court, resulting in a judgment in favor of plaintiff. Defendant appeals.

The first two assignments of error are briefed and discussed by defendant together. They are: Error of the court in overruling his demurrer to the petition, and error in overruling his demurrer to the…