Ezell v. Rocky Mountain Bean & Elevator Co.

These parties appear here in the same order as below and we hereinafter so refer to them. Plaintiff bought beans of defendant which the latter failed to deliver. Thereupon this action, was brought for damages in the sum of $4,800, the advance in price. At the close of plaintiff’s evidence defendant’s motion for nonsuit was sustained, and judgment entered accordingly. To review that judgment plaintiff prosecutes this writ.

The contracts of purchase and sale were in writing and each provided, among other things: “Any dispute arising under this contract to be settled by arbitration. * * * Failure…