McLaughlin v. J. P. Shannon & Co.

HEAD, Associate Justice.

Appellant, who resides in Lamar County, in July, 1889, ordered from appellees, by telegram and letter, five cars of wheat, for which he was to pay, f. o. b. at Eastland, 78 cents per bushel. The shipment of the wheat was delayed sometime, and when it reached Paris appellant refused to receive it under the contract, claiming it not to be in compliance with the sample. J. P. Shannon, one of the appellees, went to Paris, and after some negotiation with appellant, it was agreed that the latter should take the wheat at a reduced price. Appellant received the wheat under…