Apache Cotton Oil & Mfg. Co. v. Watkins & Kelly

Appellant company sued M. P. Watkins and Ernest Kelly, a partnership, and E. A. Patterson, alleging in substance that on the 13th day of December, 1915, plaintiff purchased from the defendants three cars of cotton seed, two of them at $43 a ton, f. o. b. plaintiff’s mill in Chiekasha, Okl., and the third car at $39 per ton, f. o. b. cars at Dodsonville; that the seed so purchased arrived in Chiekasha December 21, 1915, but prior to its arrival plaintiff paid drafts drawn by Watkins & Kelly for the amount due under the contract, and upon inspection after the delivery of the seed found they…