Leslie v. Wm. Kelly Milling Co.

'The opinion of the court was delivered by

Porter, J.:

The Kelly Milling Company purchased from Fred Gibson two wagonloads of wheat, paying him the *147market price. Gibson had wrongfully taken the wheat from the plaintiff’s granary. The milling company appeals from a judgment in plaintiff’s favor for the value of the wheat, and the appeal presents the sole question whether a purchaser in good faith and for value is protected in the purchase of wheat and similar grain in the ordinary course of business from one who has the possession but not the title.

It is said that the question is of great…