Gabriel v. Kildare Elevator Co.

Opinion of the court by

Burford, C. J.:

This cause comes up on a transcript and the only question presented is the sufficiency of the petition to state a cause of action. The cause of action is one to recover damages for the breach of an oral contract to deliver corn. The plaintiff below, The Kildare Elevator Co., alleged that it entered into an oral agreement with the defendant, Gabriel, by which he agreed to sell and deliver to The Kildare Elevator Company 200 bushels of ear corn, at 30 cents per bushel, and 1000 bushels of shelled corn at 31 cents per bushel. That pursuant to said agreement…