Kemper Grain Co. v. Farmers' Grain & Elevator Co.

The opinion of the court was delivered by

West, J.:

The grain company sued the elevator company for $655 damages for the alleged breach of a contract to deliver certain wheat. From an adverse judgment the plaintiff appeals.

July 24, 1914, the plaintiff bought of the defendant 5000 bushels of wheat. July 29 the defendant shipped 916 bushels, and August 6 1464 bushels, but did not ship the remaining 2620 bushels for the alleged reason that when it was ready and offered to ship the two cars containing this amount the plaintiff refused to receive them. This was on August 3. The rules of the Wichita…