Baucum & Kimball v. Garrett Mercantile Co.

FOURNET, Justice.

The plaintiff, an ordinary partnership engaged in the business of buying and selling cotton on the future market and in buying cotton from customers “on call/’ instituted this suit to recover from the defendants, a commercial partnership and the individual members thereof, one of plaintiff’s customers from whom it bought 397 bales of cotton “on call,” the sum of $1,928.22, alleged to be due it as a result of the transaction.

A sale “on call” is explained by plaintiff in one of the allegations of its petition to be as follows:

“When cotton is sold ‘on call’, the seller and the…