Honey v. Wilson Bros. Mercantile Co.

JENKINS, J,

This is a companion case to J. M. Pate v. Wilson Bros. Mercantile Co., 208 S. W. 235, this day decided by this court. The contract is the same as therein set out, except as to the name of the seller and the amount of cotton mentioned.

For the reasons stated in the case referred to, we hold that the contract sued on is illegal, and therefore cannot be made the basis of a suit for damages.

In this case there was evidence introduced as to the intention of the parties to the contract in reference to the delivery of the cotton. Appellant, and two other witnesses who were, present at the…