Jack R. Allen & Co. v. Farris & Co.

BATEMAN, Justice.

This is a companion case to Jack R. Allen & Company v. Wyler Textiles, Ltd., this day decided by us. We refer to the opinion in that case in Tex.Civ.App., 371 S.W.2d 728, for the basic facts of the litigation. The trial court denied the appellant, herein called Allen, any relief on its cross-claim against the appellee, herein called Farris; hence, this appeal.

Allen alleged in its cross-claim that on June 6, 1959, the same day it contracted to sell Wyler Textiles, Ltd. 500 bales of cotton of a certain grade, to be delivered in June and July, 1959, it entered into a contract…