Middle Division Elevator Co. v. Vandeventer

Appellant brought this suit to recover damages for appellee’s failure to deliver 4,000 bushels of corn, which he had agreed to deliver at appellant’s elevator for twenty-four and one-half cents per bushel. The defense interposed was that after appellee had delivered about three hundred bushels of corn,and had perfected arrangements for shelling and delivering the rest, appellant declined to receive more because its elevator was full, and that the contract was thereby abandoned. Upon a trial by. the ■ court without a jury the defense prevailed.

Appellee is a farmer, residing five miles from…