Carlisle v. Farmers Elevator & Business Ass'n

The opinion of the court was delivered by

Marshall, J.:

This action comes to this court on appeal from an order sustaining the defendant’s demurrer to the plaintiff’s evidence. That evidence showed that on June 19„ 1915, the plaintiff entered into a written contract with the defendant, by which the plaintiff sold to the defendant an elevator at Bogue for $5,000, $2,500 of which was to be paid on. July 1, 1915, and the remainder on August 1, 1915. By that contract the defendant agreed:

“To weigh, dump, elevate and load into cars when requested any part or all of the wheat, shelled corn, or other…