Vincent v. Continental Grain Co.

RUSSELL, Circuit Judge.

Appellee, as assignee of Clayton Carter, filed this suit against J. H. Vincent to recover damages alleged to have resulted from Vincent’s breach of a contract entered into between him and Carter “by telephone conversation which was later confirmed in writing.” Carter, the only witness called to testify, related that on June 5, 1947, he had a telephone conversation with Vincent which resulted in his agreeing to buy, and Vincent agreeing to sell, two million pounds of grain for future delivery. All of the terms of the contract were agreed upon during the course of this…