The Saint Paul globe., 1897-06-04
VICTORIA COMPANY FAILED
TO DELIVER FERCH'S WHEAT AND
THE COMMISSION HOLDS 1T
LIABLE.
TT is IMPORTANT TO FARMERS
AS 1t Lays Down the Law for the
Government of Grain Ware
houses.

decision filed by Chairman Kings
ley. The case was one brought to an
issue by NJ. Ferch, of Correll, and in
volVed the right of an elevator COM
p2ny to refuse to deliver wheat to
parties having it in store, upon the
demand of the latter. The defendant
il the case was the Victoria Elevator
company. The company loses it's case
and NJ. Ferch, the complainant is up
held by the commission. The decision
establishes a new precedent, as SIM
liar conditions have never arisen be-
fore in the Northwest, so far as is
known. The history of the case, as
written by the commissioners, with the
decision thereon, follows below:
M. Ferch Jr., complainant VS.. The Victoria
Elevator Company, defendant.
Complaint that in the month of July, 1896,
M. Ferch Jr. delivered to the Victoria Eleva-
tor company, at COrrell in Big Stone county,
1874 bushels and 10 pounds Of No. l northern
wheat, for which the elevator company is
sued to him two storage tickets, numbered
54S and 500, respectively.
That Aug. l, 1896, Mr.. 'Ferch made a de-
mand on the company for the wheat and at
the same time rendered $50 for storage
charges, which demand and tender were re-
fused The elevator company answered that
the wheat was delivered pursuant to an agree
ment between Mr.. Ferch and the company,
elevator at Correll Immediately after being
received, and before Aug. l, 1896, and that
the company would not take or hold in store
said grain any other grain in said elevator
after that date. The company denied that
any demand had been made upon it for the
delivery of the grain or any part of 1t.
hearing had at Ortonville on April
90 1897, at which both parties present.
The testimony offered by the respective par
ties was heard by the full commission and
the case was submitted on both sides without
argument
From the testimony, the exhibits and the
files in the case the following facts appear:
tIn the month of June, 1885, Mr.. Ferch deliv-
erred to the Victoria Elevator company, at
Correll, upwards of $500 bushels Of No. 1
northern wheat under an oral agreement with
G. F. Woods, the then agent of the COM
fpany that the company should store the same
free of charge up TO Aug. /, 1896. If the
wheat was not sold by Aug. then the COM
pany was to make it's regular storage charges
for the time it remained thereafter. When
the wheat was sold whether before or after
Aug 1, the company was to pay cents per
bushel above list price of the wheat. There
was TO agreement as to when the wheat
should be sold, or as to how long it should
remain in store
to the company the wheat he had delivered
in excess of 1914 bushels and 10 pounds.
There is a conflict in the evidence as to when
the storage tickets for the 1914 bushes and 10
pounds were issued and delivered. 1t appears
without contradiction that one storage ticket
was dated July II, and was for 1S0O bushels,
81 1862 The, commission finds that they were
ISSUED on the days of their respective dates.
For reasons which will appear later the
tickets were not offered in evidence, and the
commission is unable to find the contents
or the exact amount of wheat represented
by each, but does find that they were sub
stantialIy in the form prescribed by this COM
About or o'clock in the evening of Aug.
l. 1885, in the absence of c. F. Woods, Mr.
,Ferch went to the store of Mr. sWoods, IN
COrrell of which Roy Woods, a son OF e. f.
Woods was at the time in charge, and made
written demand for the delivery OF the
wheat and at the same time rendered the
storage tickets, and $50 IN money to pay
storage charges. Roy Woods refused to re-
ceive the money or the tickets, or deliver the
wheat. The demand, the money, and the
storage tickets were pinned together and Ieft
on the counter of the store. After the de-
parture of Mr.. Ferch Roy Woods detachea
the money from the other papers, ana put
1t in his fathers safe in the store. On the
following day the fathers attention was
called to what took place the day before IN
his absence At that time, and Tor seVeraI
days thereafter, the storage tickets renamed
on the counter. They have since mysterl5
ously disappeared. Mr.. Woods, his SON ana
all of whom testified as witnesses Tor the
company, denied all knowledge OF their
whereabouts, and failed to satlsfactorily M tbo aca
count for them. 1t was not claimed by the
company or by any one in its behalt, that
they had been returned to Mr.. Ferch or were
in his possession or control.
The denial of a demand IN the answer OF
the company was based on the ground that
C. F. Woods not the agent OF the com
many at the time, it being claimed that ne
ceased to be their agent on July 81. the day
bpfofe the demand made. Upon TINS
Doint the commission finds that Mr.. WOODS
continued to be the agent up to Aug. ~, anu
tbat I'M TO that date he was a proper person
upon whom to make the demand: The com
mission also finds that the conduct OF MI;
Woods and of the company since the demand
was made has been such to amount to a
waiver of a strict legal demand, and that
no further demand than the one alleged and
proved was necessary to fix the legal rights
o. About @ Aug. 2, c. F. Woods forwarded the
demand of Mr.. Ferch to the company at Min
neapolis and on the 4th, the company,
through Mr.. Woods, offered to deliver the
wheat called for by the storage tickets at
st. Paul, Minneapolis, st. Cloud or Duluth:
Aug 6 Mr.. Ferch notified the company that
he wanted the wheat delivered to Correl,
but that he would accept delivery at Mime
apoiis, if the company would pay all treight n
1896 the company offered to deliver the wheat
at Correil on presentation Of the storage
tickets and payment OF accrued charges 10
date of presentation. This offer was not ac-
After Mr. Ferch filed his complaint with
the commission negotiations were entered
into through the commission with view OF
effect.ng a settlement OF the matters in con-
troversy. These negotiations resulted in a
proposition to Mr.. Ferch through the commits
sion under date OF Jan. 2 1897, by which the
company proposed to pay Mr. Ferch cents a
bushel over list for his wheat and charge no
storage to deliver the wheat to him in what
ever vehicle he might choose to furnish at
charge of cents bushel for handling. This
DrOpos!tfon Mr.. Ferch, March 49, through the
commission, notified the company that he
would accept. March the company notified
the commission that in consequence of the
DELAY in accepting their proposition Of Jan.
9 they had previously said in a conversa-
fion with Mr.. Ferch that all they would con-
sent to do would be 10 pay him cents over
Est price charge him cents for storage up
fc March 10, and regular rates thereafter.
These terms not being agreed to by Mr..
Ferch a hearing was had by the commission
as above stated.
There was much correspondence between
Mr.. Ferch and the Victoria Elevator COM
peny and between the commission and the
company not necessary to be alluded to fur
thar than to say that the company has not
offered TO deliver the wheat to Mr.. Ferch un-
conditionally at Correl or elsewhere nor has
r 1t offered to deliver or pay for the same
unon any conditions which Mr.. Ferch was
bound to accept.
Upon the foregoing facts the commission
finds and determines that the Victoria Ele-
: vs'or company had in store on Aug 1, 1896,
19I4 bushels and ten pounds of No. / north
& ern wheat. the property Of Mr.. Ferch ,Jr.
{ which 1t was its duty to deliI - to him at
( Correl Mimi, upon demand and return of
4 As storage tickets numbered 5iS and $50 re-
4 { A els and If such demand was made on
! O. before Aug. 1, 1896, said Ferch was en-
titled to have the same returned to him free
OF charge. If made after Aug. /, 1896. said
company was entitled to storage charges from
l Aug 1 to date of demand; and the commits
I son further finds ard determines that said
q demand having been made Aug 1896 If
I many eveFs since that date and now is it's
J d;;tv to deliver said wheat to said Ferch at
II CerrelI free of charge
\ 1t is therefore ordered that SAID Victoria