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Case 113 Cv 00525 JMS BMK Document 232 Filed 120814 Page 1 of 41 Form

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bringing wheat to market involves separating the wheat from the husks or chaff in a process known as threshing farmers used to thresh wheat by manually beating it using bondage evoking flails eventually the threshing process was automated with steam-powered machines called threshers in acme mills and elevator company versus johnson one seller of freshly threshed wheat decided to go against the grain in the spring of 1909 jc johnson contracted with acme mills and elevator company to sell 2 000 bushels of wheat from a particular thresher for one dollar and three cents per bushel the contract specified that delivery and payment would occur at the end of johnson's harvest acme gave johnson 1 000 sacks to deliver the wheat in in mid-july the market price of wheat increased above the contract price while the harvest was still ongoing johnson entered into a contract to sell the acme promised wheat to a third party for one dollar and sixteen cents per bushel when the harvest ended on j

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