Kimbell Milling Co. v. Greene

A. S. Greene and several other wheat growers stored their 1937 wheat crop with Boothe Mill & Elevator, Inc., at Floydada in Floyd County. The elevator company sold the wheat to Kimbell Milling Company, of Fort Worth. Later Boothe Mill & Elevator, Inc., became insolvent. The other wheat growers assigned their rights to Greene, and he brought this suit against Kimbell Milling Company to recover the value of said wheat. The Court of Civil Appeals affirmed a judgment in favor of the plaintiff. 162 S. W. (2d) 991.

The first material question to be determined is whether the transaction between the…