Border Rubber Co. v. Turney

Appellee, Turney, sued the appellant to recover damages for breach of contract, and recovered judgment for $750.

In brief, the petition sets up the following facts: On January 5, 1926, plaintiff and defendant entered into a verbal contract whereby plaintiff sold to defendant and defendant agreed to buy from plaintiff all the guayule plant on the 02 ranch, to be delivered at Marathon, Tex., at the price of $40 per ton, payable upon delivery. Plaintiff delivered about 150 tons, whereupon defendant refused to accept.any more except at the price of $30 per ton. Plaintiff informed defendant he had…