Carlisle v. Farmers Elevator & Business Ass'n

Citations

• 104 Kan. 512
• 180 P. 280
• 1919 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Weigh and Load. Plaintiff’s Wheat into Cars — Breach by Elevator Company — Damages Recoverable. Damages can be recovered for the violation of a contract by which an elevator is sold for $5,000, and by which the purchaser agrees, for three-fourths of a cent a bushel, “to weigh, dump, elevate and load into cars when requested” any part of the seller’s wheat raised on land owned by him, when the purchaser, without justifiable excuse, refuses to receive the wheat offered by the seller.</p> <p>2. Same — Duty of Shipping Association to Order Cars. Under the terms of the contract, the material parts of which are described or set'out in the opinion, and under the interpretation thereof by the parties thereto, it was the defendant’s duty to order cars in which to load the plaintiff’s grain.</p> <p>3. Same — Evidence—Demurrer Wrongfully Sustained. There was evidence to show the amount of the plaintiff’s damage.</p>