Peyton Packing Co. v. Sweetwater Cotton Oil Co.

HICKMAN, Chief Justice.

Appellee sold to appellant 29 carloads of cottonseed hulls. There were several separate contracts in writing evidencing the terms of the sales, in each of which the price to be paid was stated at a definite amount per ton delivered at El Paso. When the first contract was made, five carloads of these.hulls were in transit from points outside of Texas consigned to appellee at Sweetwater. These cars were diverted and consigned by appel-lee to appellant at El Paso. The other 24 carloads were purchased by appellee from Buckeye Cotton Oil Company at Memphis, Tenn., and…