Gaddy v. Smith

RICE, Associate Justice.

— Plaintiff in error, J. Homer Gaddy, sued Paul L. Smith, defendant in error, a resident of Upshur County, in the District Court of McLennan County, for damages for breach of contract in failing to deliver 500 or more cars of wood, which it is alleged defendant in error bound himself to deliver by virtue of the following written contract, entered into between plaintiff and defendant, to wit:

“Waco, Texas, 4-9, 1906.

“This certifies that I have this day contracted with the Gaddy Grain Co. of Waco, to furnish them with 500 or more cars of wood of the' following grades and…