Federal Grain Co. v. Hayes Grain & Commission Co.

Hart, J.,

(after stating the facts). The main reliance for a reversal of the judgment by counsel for the defendant is that the court erred in giving instruction No. 1 at the request of the plaintiff. The instruction is as follows:

“No. 1. If you believe from the evidence that the grade fixed at Kansas City upon the oats involved in this lawsuit was so erroneous or so far from the true grade as to be the result of a gross mistake, your verdict will be for the plaintiff.”

It will be noted by reading the contract, which we have copied in our statement of facts, that the parties have agreed upon an…