Legal Opinion

Kingsville Cotton Oil Co. v. Dallas Waste Mills

Court of Appeals of Texas

Decided March 12, 1919No. 1492PublishedCited by 18 opinions

Appeal from District Court, Dallas County; W. F. Whitehurst, Judge. Action by the Dallas Waste Mills against Kingsville Cotton Oil Company for breach of contract. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtHall, J.

On August 28, 1915, J. G. Lea-veil Company, brokers, negotiated a contract between 'the parties to this suit, whereby appellant sold appellee—

“200 bales of cotton linters, mill run, free from trash, being seller’s make, at 3⅛ cents per pound, f. o. b. cars Kingsville, Texas.”
“Shipment. Beginning October, and shipped in car lots as fast as made.”

Only 25 bales were delivered under the contract, and appellee sued appellant for damages on account of the breach, alleging, in substance, that by the terms of the contract appellant was obligated to begin shipping cotton linters in October, 1915, and…

2Cases cited3 opinions

  1. Robinson v. DaleCourt of Appeals of Texas · 1910
  2. Wright v. Farmers National BankCourt of Appeals of Texas · 1903
  3. Henry v. McCardellCourt of Appeals of Texas · 1897

3Cited by18 opinions

  1. Calvin v. KOLTERMANN, INC. v. UNDERREAM PILING CO.Court of Appeals of Texas · 1977
  2. Texas Shop Towel, Inc. v. HaireCourt of Appeals of Texas · 1952
  3. Wilcox v. DillardCourt of Appeals of Texas · 1927
  4. Ellwood v. Nutex Oil Co.Court of Appeals of Texas · 1941
  5. Joseph v. PuryearCourt of Appeals of Texas · 1925

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