ACME MILLS & ELEVATOR CO. V. JOHNSON
141 Ky. 718, 133 S.W. 784 (1911)
NATURE OF THE CASE: This was a dispute over a contract for the sale and delivery of
wheat. Acme (P) sought review of a judgment entered in favor of Johnson (D) in P's breach of
contract action.
FACTS: Johnson (D) executed a contract with Acme (P) for the sale of 2,000 bushels of
wheat at $1.03 per bushel to be delivered at Hopkinsville, Ky with P supplying the necessary
sacks. D failed to deliver on the contract and P sued for $240 in damages and $80 for the
1,000 sacks supplied to D. D denied that P was injured. D claimed that when the wheat was
ready it was only worth $.975 per bushel and that P had suspended business and was unable to
comply with the contract as it had no money to pay for the wheat. D admitted to the $80 due
and owing and P motioned to file an amended complaint showing that D wrongfully sold his
wheat to another mill for $1.16 per bushel on the 14th. That was denied. On the 24th of July
and that the price of wheat then began to fall until it reached about a dollar a bushel on
the 29th. It was shown that D had begun threshing on the 25th and finished on the 29th. The
trial court found for D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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