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This section contains the nature of the case and procedural background.

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.

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