Hughes & Zeek v. Wiley
Supreme Court of Kansas
Error from Elk District Court. Action brought by John Hughes and C. B. Zeek, partners as Hughes & Zeek, against L. C. Wiley, to recover $970 as damages for an alleged breach of a contract for the sale of certain corn and millet by defendant to plaintiffs.
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Error from Elk District Court. Action brought by John Hughes and C. B. Zeek, partners as Hughes & Zeek, against L. C. Wiley, to recover $970 as damages for an alleged breach of a contract for the sale of certain corn and millet by defendant to plaintiffs. The record shows, substantially, that about September 6,1884, the parties entered into an agreement by the terms of which Wiley sold to Hughes & Zeek one hundred aud seventy tons of millet, to be delivered in stack by defendant to plaintiffs on the farm of defendant — one hundred and forty-five tons thereof at $2.80 per ton, and twenty-five…
1Opinion of the Court
Opinion by
Simpson, G.:
A jury was impaneled to try this cause. After the plaintiffs in error had stated their case, the defendant in error interposed a special demurrer to that part of the evidence in reference to the millet, and the court sustained it. This is the principal error alleged and discussed in the brief of counsel for plaintiffs in error.
As we gather the facts regarding the millet from the contract of September 6, 1884, they are as follows: Wiley was to cut and stack the millet, and notify Hughes when the same was completed. Thirty days thereafter it was to be measured, and the…
2Cited by6 opinions
- Brooks v. TynerSupreme Court of Oklahoma · 1913
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Ogle v. Oklahoma City Horse & Mule Com. Co.Supreme Court of Oklahoma · 1935
- Portland Seed Co. v. ClarkIdaho Supreme Court · 1922
- Moffitt v. HiebyCourt of Appeals of Texas · 1949
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