Bennett v. Hatfield

*130The opinion of the court was delivered by

Masok, J.:

A. S. Bennett sued H. Hatfield, alleging that the defendant had entered into a contract for the sale to him of wheat, which had not been performed, and asking judgment for the difference between the agreed and the market price at the time set for delivery. A demurrer to the petition was sustained, and the plaintiff appeals.

The contract contained this provision: “When shipments are not made according to contract, we [the buyer] reserve the option, without further notice to extend the time of shipments, cancel contract, or buy in for seller’s…