Moses v. Teetors

Citations

• 64 Kan. 149
• 67 P. 526
• 57 L.R.A. 267
• 1902 Kan. LEXIS 180

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Bailment — Liability of Warehouseman — Storage of Grain— Loss by Fire. T. took wheat to a public warehouse and elevator and had it stored at owner’s risk of fire, and agreed to pay a certain price for storage. The custom of the warehouseman was in such cases to commingle grain so deposited for storage with like quality belonging to him, and from such mass to sell from time to time and replenish with such other grain as should be brought to him for storage or that he should buy. Of this custom T. was fully informed. The identical wheat so stored by T. was sold by the warehouseman. After this a fire consumed the warehouse, with its contents, including enough wheat of the quality stored by T. to replace the same. Held, that she could not recover'the value of her wheat from the warehouseman, he having at all times kept on hand sufficient in quantity and quality to replace all wheat stored with him.</p>