Acme Mills & Elevator Co. v. Johnson

Opinion op the Court by

Wm. Rogers Clay, Commissioner

Affirming.

*719On April 26th, 1909, appellee J. C. Johnson executed and delivered to appellant Acme Mills & Elevator Company the following contract:

“April 26th, 1909.

“I have this day sold to Ernest "W. Steger, for Acme Mills & Elevator Company, 2,000 bushels No. 2 merchantable wheat, mill scale to apply, sacks to be furnished, to be paid for on delivery at Hopkinsville, Kentucky, at $1.03 per bushel, to be delivered from thresher 1909.”

Appellee failed to deliver the wheat at the time agreed upon, and appellant brought this action to recover…