Bennett v. Saint Marys Grain Co.

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover on a written contract by the terms of which the defendant was to furnish five cars of wheat to be delivered and weighed at Kansas City. It was alleged that the defendant drew a draft on the plaintiff for $60.90 more than the wheat came to, which plaintiff paid believing that the draft represented the actual amount of wheat so delivered and weighed. The jury found in accordance with these allegations and awarded $60.90 on account thereof, which the court substracted from the amount of the verdict, from which order…