Great West Grain & Seed Co. v. Ray

PRICE, Chief Justice.

This is an appeal from the judgment of the District Court of San Patricio County. Appellant sued appellee to recover for an alleged breached contract to deliver maize. At the close of appellant’s testimony, on motion of defendant the court instructed a verdict in his favor and entered judgment thereon. Appellant declared on a written contract as follows:

“This confirms sale to Great Wets Grain Co., Fort Worth, Texas, today. Date 5-30-45 250 acres 300 tons (est.) Threshed Maize @ $30.00 per ton Less - 100 Tons-already-sold — Delivered cars at Sinton, Texas. All this is to…