Burrus Mill & Elevator Co. v. Eunice Grain Co.

ODOM, Justice.

Plaintiff is a Texas corporation engaged in the business of manufacturing and selling flour. Defendant is a Louisiana corporation which sells flour by wholesale and retail. On October 25, 1929, these parties entered into a contract by which plaintiff agreed to sell and defendant to buy 2,000 barrels of flour at $6.25 per barrel, to be delivered during the month of April, 1930. On February 29, 1930, they entered into another contract for the sale and purchase of 1,000 barrels of flour at $5.75 per barrel, this to be delivered “on or before April 30, 1930,” all to be delivered “as…