Street v. Smith Bros. Grain Co.

Bert K. Smith and T. A. Si-mons, Jr., residents of Tarrant county, doing business under the firm name of Smith Bros. Grain Company, sued J. C. Street, a resident of Mills county, alleging that from May 20 to May 31, 1919, plaintiffs and defendant entered into contracts in writing, by plaintiffs, and the confirmation of which was agreed to in writing by defendant, whereby plaintiffs purchased of defendant 29,000 bushels of No. 3 or better red oats, at an average price of 55 cents per bushel, for shipment to Port Worth during the months of June and July. It was alleged that defendant never…