Flowers v. Bush & Witherspoon Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Western District of Texas; Duval West, Judge. Action by the Bush & Witherspoon Company against Felix A. Flowers. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
GRUBB, District Judge.
This was an action in the District Court for the breach, of two contracts for the purchase and sale each of *520100 bales of cotton for future delivery. The plaintiff in error, "defendant in the District Court, was the seller, and defendant in error, plaintiff in the District Court, was the purchaser. The breach was alleged by the plaintiff to have consisted in the failure of the defendant to deliver the cotton, as called for by the two contracts. The defendant set up as a defense to the first contract (that of May 11, 1916) the Texas statute (articles 538 and 539, Penal…
2Cases cited1 opinion
- Ye Seng Co. v. Corbitt & MacleayDistrict Court, D. Oregon · 1881
3Cited by4 opinions
- Lamson Bros. & Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1921
- American Sales Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1929
- J. W. Sanders Cotton Mill, Inc. v. CappsDistrict Court, E.D. North Carolina · 1952
- Thomson v. ThomsonAppellate Court of Illinois · 1921