South Dakota Wheat Growers' Ass'n v. Farmers' Grain Co.

This is an action brought to recover the value of approximately 13,000 bushels of durum wheat. The action was tried to- the court, judgment was entered for the plaintiff, and, from an order denying a motion for a new trial, the defendant has appealed. There is no material dispute in the facts. The defendant elevator company was engaged in the grain warehouse business at Firesteel, S. D. The plaintiff is the owner of a large number of grain warehouse receipts issued by the defendant elevator company during the fall of 1928. The plaintiff on January 18, 1929, made a demand upon the -defendant…