King v. Farmers Grain Co.

PrestoN,'J.

(dissenting.) 1. It seems to me that the majority opinion is written upon a theory entirely different from that adopted by the parties and the trial court, and upon issues not in the case. There is no pleading on behalf of the defendant that plaintiff is not the real party in interest, or that he may not maintain the suit, or that he was acting as agent for other parties, or that plaintiff could not recover for all the corn contracted for, or for his own corn, or that the contract was separable. There is no plea in abatement. There is not a suggestion in the record that the $100…