Sanders Nursery Co. v. J. C. Engelman, Inc.

' FLY, Chief Justice.

This action was filed by plaintiff in error, who will be designated as plaintiff, against! defendant in error, who will be called defendant, for a balance of $15,434 alleged to be due on a certain, contract by which plaintiff bound itself to deliver to defendant, in Hidalgo county, 50,000 citrus fruit trees. A breach on the part of. the defendant was alleged by plaintiff, after a portion of the trees had been delivered and accepted by defendant.

The cause was tried without the assistance of a jury and judgment rendered that the plaintiff take nothing by its suit.

At a…