Moses v. Teetors

*150The opinion of the court was delivered by

Cunningham, J. :

The Moses Brothers Grain Company was in October, 1898, engaged in the business of-buying and selling, handling and storing grain at Great Bend, Kan., and for that purpose owned and operated an' elevator and storage building at that place. In carrying on this business, it was its custom when grain was brought to it for storage to mingle the same with other grain of like quality belonging to the company and to other persons, and from such commingled mass to withdraw for sale such portions at such times as it might desire. Upon the grain…