Tuttle v. Miller

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs recovered judgment for the remainder of the purchase price of hay, and the defendants appeal. In their brief they say that they “present but one matter to this court for review, to wit: A construction of the contract sued on in this case concerning the ownership of the 66.44 tons of hay at the time same was destroyed by fire.” The contract referred to read:

“Know All Men by These Presents, That Tuttle Bros, have heretofore sold to Woodson County Grain Co., 225 tons of baled prairie hay stored in barn in three Tuttle barns and…