Globe Grain & Milling Co. v. Walker Construction Co.

This appeal is taken from a judgment entered in favor of the plaintiff awarding a sum of money found to be due on an account for merchandise sold by the plaintiff to the defendant.

But one point is made upon the appeal. It is claimed that plaintiff did not sustain the burden of proof by showing that the grain alleged to have been sold and delivered to defendant was of the weight for which charge was made. We think that there is nothing in the point. The evidence showed that a course of dealing had been had between the plaintiff and defendant for a number of years, during which time it was the custom of the defendant to send its drivers to the warehouse of the plaintiff with orders for grain, consisting mainly of two kinds—whole barley and rolled barley. Duplicate invoices were prepared at the time of delivery, showing the items of merchandise delivered and the weights thereof, copy of which was received by each driver with the grain so purchased. Plaintiff’s witnesses testified that the rolled barley was sacked 75 pounds to the bag, being correctly weighed at the time of the sacking thereof; that as to the whole grain, that was weighed out when sold. That the grain sold to…