The Saint Paul globe., 1897-06-04


The Victoria Elevator company, at the
hearing, claimed that, by reason of the spe-
cial contract entered into with Mr. Ferch
before the delivery of the wheat he was not
entitled to return thereof. but that he was
bound to sell in accordance with the terms
OF that contract. What may have been the
rights of the parties prior to the issuance
and delivery of the storage tickets, 1t is not
necessary TO determine. After they were
delivered, the contract was at least so far
modified as to entitle Mr.. Ferch to demand the
wheat or wheat of like amount and quality of
grade.
1t is matter of regret that the tickets
were not introduced in evidence. The testi-
mony of Mr.. Woods and his son as to the
whereabouts Of the tickets was highly un-
satisfactory to the commission. 1t seems
hardly credible that the money should have
| been carefully put away in the safe while
the tickets, representing property of much
greater value should be carelessly left upon
| the counter of the store for several days, and
| that they should finally disappear and no one
be able to account for them. AS they are
traced by the evidence into the possession OF
Mr.. Woods. in the view we take Of the law,
| the company will be held responsible for
them, and as the testimony shows that they
were substantially in the form prescribed by
the commission, the company will be held
liable according to the form of such tickets,
which. in terms, obliged it to deliver to the
owner of the receipts the amount of wheat
specified and the same quality of grade upon
surrender thereof and payment Of lawful
charges"
Mr.. Ferch therefore had a right to demand
his wheat, and upon such demand being
, made it was the duty of the company to
deliver it to him or the same amount of
like quality by grade.
The claim that there was lawful de-
mand of the wheat is not we'll founded. The
object of a demand is TO notify the party
against whom it is made that the demandant
property demanded and the purpose is to
obtain possession thereof, and any language,
either oral or written, which gives this notice
and by which possession is claimed is suffi-
cient in law to constitute q demand In
this case the demand was made upon Roy
Woods. This in itself was not sufficient,
but it appears from the evidence that the
next day the fact of the demand was COM
muncated to Mr. Woods, and that he sent
the demand to the company at Minneapolis.
Whether Mr.. Woods or was not agent
for the company the demand itself came into
its possession, and the object and purpose
of the demand was fully served.
1t was clear however, that Mr.. Woods was
agent for the company up to Aug. 70. 1t IS
true that his contract expired July 81, and
perhaps he was not working under a salary
as before, but he had the key TO the elevator
If any grain came in he bought it, if ele-
vator tickets were presented he paid for the
grain they represented, and in one instance
he wrote letter to Mr.. Ferch in the name
of the company. In fact, he had the same
general control Of the company's business
at Correll after Aug L UP to the 10Th, that
his contract had expired. he was so far an
agent of the company as to make him a
proper person upon whom to make demand,
and the tickets; money and demand coming
into his possession Aug. 20 was legal and
sufficient
The proposition is clear that the Victoria
Elevator company cannot charge storage since
Aug. l. The statute (section 4, chapter 49,
Laws of 1880 expressly so provides after a
demand has been made, but in the absence Of
such statute a lawful demand having been
made the law would not so far permit an
elevator company to take advantage Of its
own wrong as to authorize it to charge for
storage after its failure to deliver in accord
ance with the demand.
There is a question to whether the
statutory penalty of one cent bushel and one
cent bushel per day since the failure or
refusal of the company to deliver, has not
been incurred by the company.
Upon this question we express no opinion
in view Of the fact that If satisfactory set
tlement is not made by the company, the
question will have to go to the courts to be
there determined.
Kingsley, Commissioner.