Yontz v. McVean

Plaintiff’s action is for breacli of contract for sale and delivery of a lot of corn. He bad judgment in tbe trial court.

The contract was in writing reading as follows:

‘ ‘ Clarksburg, Mo. August 1, 1919.

“A. C. Yontz gives W. A. Me Yean eighty dollars for the privilege of eight thousand bu. corn for Dec. delivery at one Dollar & forty $1.40 per bushel tq be delivered at Clarksburg or Tipton to be best merchantable corn.

“The eight (eighty) dollars being all Yontz can lose on Deal.”

At the close of plaintiff’s case defendant asked a peremptory instruction which the trial court refused. The…