Clark v. Merriam & Millard Co.

Champ Clark and T. H. Clark, residing in the town of Frisco, Collin county, Tex., entered into a written contract with the Merriam & Millard Company, a corporation doing business in the city of Omaha, Neb., as a grain dealer, which, upon its face, purported to be a sale to them by the Merriam & Millard Company of 20,000 bushels of white oats, at the price of 545/s cents per bushel. The contract purported to be on the form of the official contract of the Omaha Grain Exchange, and was substantially the same contract as set out in the opinion by this court in the case of Merriam & Millard Co. v.…