Cunningham

This is an action to recover three hundred and sixty-nine dollars and forty-five cents, as bailees, for the price of storage by defendant of certain hay in the warehouse of plaintiffs. Defendant had judgment, from which judgment and from an order denying their motion for a new trial plaintiffs appeal.

The cause was tried by the court without a jury. The findings, which are supported by the evidence without conflict, show:

The answer of defendant charged.plaintiffs with negligence, upon which issue the court did not find, deeming it unimportant, and holding as a conclusion of law that the contract of storage was amenitüre-andmotfa-severable contract, and that as the warehouse and-hay having burned before the -time for the storing of said hay expired, the-agreement of plaintiffs to store the hay until June 1, 1889, was never performed or complied with by them and the storage 'never earned.

The following extract from the opinion of the learned judge who tried the'case in the court below contains a correct exposition of the law applicable to the "case, and is adopted as the opinion of -the court.

*121 “ To defeat the plaintiffs’ claim defendant insists, among other things, that…