20 Wash. 337 | Wash. | 1898
The opinion of the court was delivered by
The complaint alleged substantially the following pertinent facts: That between the 15th day of September, 1895, and the last day of January, 1896, the defendants were co-partners, doing business under the firm name and style of Young & Monlux, and were engaged in •conducting and operating a grain warehouse for handling And storing grain, at Pullman, in Whitman county, Washington; that between said dates the defendant Ezra Monlux delivered ax the said warehouse 41,650 pounds of Ko. 1 wheat, which said wheat was received for storing in said warehouse by said defendants; that the defendants gave to said Ezra Monlux, as evidence of the receipt of said wheat, certain memoranda. We insert one, which is substantially a copy of all:
“Kb. 123. Pullman, Sep. 28, 1895.
Eeceived for account of owner as appears on stub, E. Monlux..................................6395.
Kb. Dry, 50 sacks.
Kotice: Do not buy this slip. It must he returned for storage ticket. O. W. YOTJKGr.”
Ko other or different receipt was given therefor. Some •of these receipts were signed by one O. E. Durham, but it is alleged that Durham was authorized by the defendants to receive wheat at the warehouse and acknowledge the
To this complaint the defendants interposed a demurrer,, for the reason that it did not state facts sufficient to constitute a cause of action. This demurrer was sustained by the court, and judgment for costs entered in favor of' defendants. Prom the order sustaining the demurrer and" entering judgment, plaintiff appeals to this court.
We think this is a simple case and, under the statutes, if the complaint showed less than it does,—if it simply alleged that the wheat was stored and that, after such storage, the wheat was sold to the plaintiff, that demand had been made for the same and return of the receipt proffered, together with the storage charges due, and that the plaintiff was the owner of the wheat,—we think the complaint would have been sufficient and would have met the requirements of the statute. If the defendants have any defense to this action, they must set it up by way of answer; otherwise, the judgment should go for the plaintiff.
Reversed.
Scott, C. J., and Goedost, J., concur.