Garner v. Charles A. Krause Milling Co.

It is unnecessary to consider the question of what was in fact the contract entered into by these parties *82because it clearly appears that Garner & Company are entitled to no recovery under the contract which they contend was made by the communications that passed between these parties.

If the contract gave the Krause Milling Company no right to cancel when its plant was destroyed by fire, Garner & Company had the option: (1) to hold the oil meal for the Krause Milling Company and sue that company for the purchase price and thus secure the profits of the bargain; or (2) to sell the oil meal as…