R. K. Chatham & Co. v. Jones

Maltbie, Presiding Judge.

The appellants brought this suit to recover damages for the alleged breach of a written contract for the delivery of machinery at McKinney, Texas, to be used by appellee in operating a gin, seven and a half miles from that *746place. The contract as appeared in evidence provided that the machinery should "be delivered on or about September 1, 1884. But appellee claims that the contract was for delivery on the twentieth of August; that it was reduced to writing by appellants’ agent; that appellee was unable to read it, and that said agent read it to appellee, that the said…