Burke v. Boulder Milling & Elevator Co.

Plaintiff in error is hereinafter referred to as plaintiff, defendant in error the Boulder Milling and Elevator Company (of which defendant in error C. W. Rowland was President) as the mill, and defendant in error Colorado National Bank of Denver, as the bank.

Plaintiff permitted the mill to take some of his wheat, which wheat he thereafter replevined and sold. On final hearing he was nonsuited and the bank, having succeeded to the rights of the mill, had judgment. To review that judgment plaintiff brings error.

The mill needed this wheat for milling purposes, and attempted to buy it, but…