Cargill Commission Co. v. Mowery

Citations

• 99 Kan. 389

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Purchase of Grain — Contract Completed by Telegrams. The correspondence between the parties examined and held that the telegrams of June 29, 1915, constituted a contract by'which the defendant is bound.</p> <p>2. Same — When Custom and Usage are Admissible. Ordinarily custom and usage are admissible merely to explain or elucidate something uncertain or ambiguous contained in a contract.</p> <p>3. Same — Demurrer to Evidence Erroneously Sustained. Plaintiff was . entitled to judgment on the pleadings, and the petition being supported by competent evidence, the demurrer to such evidence was erroneously sustained.</p> <p>4. Contract — Purchase of Grain — Default of Seller — Remedy of Buyer. Upon failure of the seller to fulfill a contract covering 30,000 to 35,000 bushels of grain, th'e buyer may purchase in the open market at the best prices possible on the seller’s account up to the minimum amount, the delivery of which amount by the seller would have been a compliance with his contract.</p> <p>5. Contract — By Telegram — Mistake in Amount of Grain Sold — When Contract is Binding. When one of the parties to a contract involving a sale of grain by mistake uses a code word indicating a greater amount than he intended, and before the knowledge of such mistake comes to the other party the latter has acted upon the contract, such contract is binding according to the terms actually used by the parties thereto.</p>