34-250. Obligation of warehouseman to deliver.
34-250
34-250. Obligation of warehouseman to deliver.A warehouseman, in the absence of some lawful excuse provided by thisact, is bound to deliver the grain upon a demand made either by the holderof a receipt for the grain, or by the depositor, if such demand isaccompanied with: (a) An offer to satisfy the warehouseman's lien; (b) anoffer to surrender the receipt, if negotiable, with such endorsements aswould be necessary for the negotiation of the receipt; and (c) a readinessand willingness to sign, when the grain is delivered, an acknowledgementthat it has been delivered, if such acknowledgement is requested by thewarehouseman. In case the warehouseman refuses or fails to deliver thegrain in compliance with the demand by the holder or depositor soaccompanied, the burden shall be upon the warehouseman to establish theexistence of a lawful excuse for such refusal.
History: L. 1931, ch. 194, § 28; July 1.