Tompkins MacHinery & Implement Co. v. Peter & Sherrill

COLLARD, Judge,

Section A. — Suit by the Tompkins Machinery and Implement Company, a private corporation, against Peter & Sherrill partners in a mercantile and farm machinery business at Roanoke, Texas, for the alleged value of five pulverizers shipped by plaintiff from Dallas to them, and freight on five pulverizers. The suit was predicated on a written contract, as follows:

“Roanoke P. O., Texas, July 31, 1885.

uTo Tompkins Machinery and Implement Company, Dallas, Texas:

“You will please order for us, to be delivered on cars at Dallas as per our order, ten No. 2 Chicago Screw Pulverizers and…