Brunswig v. Farmers Grain, Fuel & Live Stock Co.

The opinion of the court was delivered by

Mason, J.:

’A. J. Brunswig, doing business as the A. J. Brunswig Grain Company, of St. Joseph, sued the Farmers Grain, Fuel & Live Stock Company, of Alden, for failure to deliver two shipments of wheat according to the terms of two contracts made with the Smith-Mann Grain Company, of Kansas City, and by it assigned to the plaintiff. An appeal is taken from a judgment rendered upon a verdict for the defendant.

The evidence was mainly in the form of documents, and there is little dr no room for dispute as to the material facts.. The defendant, as seller,…