H. Seay & Co. v. Moore

The question before us is as to whether the following facts, found by the trial court and adopted by the Court of Civil Appeals, creates a gambling transaction. The trial court found that it was not a gambling transaction, and the Court of Civil Appeals by a divided court found that it was. The facts found are:

“On the 21st day of October, 1918, plaintiff, H. Seay & Co., bought of the defendant, W. D. Moore, on consignment, 100 bales of cotton, and on the 24th day of October, 1918, advanced to said defendant on said cotton the sum of $15,482.46; on October 22, 1918, plaintiff bought of…