Latta v. Transit Grain Co.

STOKES, Justice.

During the year 1947, V. G. Petta and his partner, J. E. Duncan, owned and operated a grain elevator at Crosbyton under the trade-name of Cros-Tex Grain and Feed Company. Appellant, W. A. Latta, owned and operated a wheat farm in Crosby County and, during the months of June and July, 1947, he harvested his crop and delivered to the Cros-Tex Grain and Feed Company for storage 429,440 pounds of wheat. On July 23, 1947, he sold to Petta and his partner all of the wheat except 3,-333½ bushels and was paid therefor the market price at that time. The portion not sold was left with…