Brown

Continental Grain Company, a corporation, has appealed from a judgment in favor of Lewis G. Brown in an action brought by him to recover the balance allegedly due for grain sold and delivered to Continental. Recovery was denied Continental on its cross-complaint to recover advance payments to Brown allegedly in excess of the value of the grain delivered.

In 1957, Brown, a grain grower, and Continental entered into two contracts for the sale of barley at $2.10 per hundredweight. The total amount of barley sold was approximately 2,334,000 pounds. Brown received the sum of $46,212.60 on account. The bill of sale provided that the balance due, “if any, shall be paid upon completion of delivery, final computation to be based on outturn weights as determined by an official public weighmaster’s certificate.” It also provided that if the outturn weight were less than the weight upon which payment had been made, the seller would repay the buyer the amount of the overpayment.

Continental received a certain amount of grain from Brown and then asserted that the value of the amount of grain received did not equal the amount of prepayment. Brown alleged that he had delivered more grain than…