Barber v. Thomas

The opinion of the court was delivered by

Smith, J. :

Defendant in error sold to one George W. Cole 1200 bushels of corn and gave to the latter a bill of sale, as follows :

“Horton, Kansas, November 3d, 1898. “Sold to George W. Cole twelve hundred, more or less, bushels number three corn, at twenty-five and one-half cents per bushel, to be delivered at his elevator in Horton, Kansas, within ten days from date.

(Signed) George G. Thomas.”

On the same day Cole assigned the contract to Barber, the plaintiff in error. In December, following, Barber paid to Thomas $200, on account of the…