Kansas Milling Co. v. Edwards

The opinion of the.court was delivered by

Mason, J.:

The Kansas Milling Company sued John A. Edwards for his failure to carry out a contract of July 15, 1914, for the delivery to it in that month of 5,000 bushels of wheat at 64 cents. Judgment was rendered for the plaintiff and the defendant appeals.

*6171. The entering into the contract and the nondelivery of the wheat were admitted. The defendant denied liability on the ground that in the latter part of the month named it was agreed between the parties that the order should be filled from wheat then in the stack, grown upon certain land owned by…