Fischer Bros. Milling Co. v. Lawrence Warehouse Co.

Plaintiff was indebted to defendant for certain expenses and charges incurred in storing a quantity of flour in defendant’s warehouse. Without tendering or offering to pay the same, plaintiff brought an action of claim and delivery to recover possession of the flour. Defendant answered the complaint, setting up that it had a lien upon the flour for the charges and expenses it had incurred as a warehouseman in storing the same and that it was entitled to the possession thereof until such charges and expenses were paid, and prayed for the foreclosure of its lien. Plaintiff demurred to the…