South Chicago Elevator Co. v. United Grain Co.

Citations

• 165 F. 132
• 91 C.C.A. 166
• 1908 U.S. App. LEXIS 4728

Syllabus

<p>1. Appeal and Error (§ 846*) — Review—Action Tried Without Jury.</p> <p>On review of a judgment in an action at law tried by the court without a jury, the law of the case must be determined from a finding by the trial court of ultimate facts in issue, and in the absence of such finding an ultimate fact cannot be supplied by the appellate court from evidence recited in the findings or findings of facts which are merely evidential in character.</p> <p>[lid. Note. — For other cases, see Appeal and Error, Dec. Dig. § 840.*]</p> <p>2. Contracts (§ 9*) — Requisites and Sufficiency — Time of Commencement.</p> <p>Plaintiff, an elevator company, and defendant, a company dealing in grain, after correspondence, met and agreed on a memorandum for a contract Unit plaintiff should store and handle in its elevators for one year grain delivered by defendant, to be not less than 5,000,000 bushels, at one-half cent per bushel. A few days later defendant commenced delivering grain, and for a year plaintiff continued to receive, store, and handle the same, with the understanding by both parties that it was done under the contract; plaintiff rendering bills at one-half cent per bushel from time to time, which were paid by defendant. A short time after the deliveries commenced the parties again met and agreed that a formal contract was not necessary, as they were then doing business under the contract, the terms of which were sufficiently shown by the correspondence and memorándum. During the year plaintiff reserved storage room for the full quantity of grain called for by the contract, but a smaller quantity only was delivered. Held, that the correspondence and memorandum contained all of the requisites of a complete contract, and that, in view of the fact that they were adopted as suc-h after performance had been entered upon, it was immaterial that the parties did not therein fix any particular day on which the contract should go into effect.</p> <p>LEd. Note. — For other cases, se