Show FINDING IS REVERSED Supreme Cou Court Ordes Orders New T Thai in I Wel Well Kow Known Wheat Suit Because of some peculiar fIndings ot of JUdge W Yo W Maughn ot of the FIrst ju judIcIal judicial distrIct the supreme Court yes yesterday es j handed down an opinion ree reversing the Logan judge In asuit gowIng growing out of ofa ofa a deal In wheat made between F A Neuberger of Logan and DavId Rob Robbins Robbins bins Co graIn men of Sal Salt Lake The suit does not deal with a great deal f I mone money but wi wilt establish the point whether a farmer cn can contract to sel sell his l wheat at a certin certain price while It Is stil still I In the ground and then refuse to sel sell i part ot of It when he ses sees the price rais raise The ho cale case s remanded to JUdge Maughn I for tor a new trIal Among time the various pints points of law de I elded In time the opinion Is that even eyen though the evIdence as given In te the trial court ma may tend to show conduct on the part of David RobbIns Bobbins doing busIness under the I firm name of David RobbIns Co cating that he had waived compliance upon te the pat part ot of Neuberger con conditions I of the contrat Inasmuch as II waIver was not pleaded and made an i is I suo In iii the tho lower court ot of It cannot later be taken in the supreme court court The lower court found tat that Neu Nau berger had fUl performed all the con of hIs contract which finding the evidence supreme court hold holds to be contrary to the S |