Caswell v. J. S. McCall Sons

On the 3d of September, 1912, plaintiff, through his agent, purchased from appellees 100 bales of cotton, to be delivered to him on the 20th of said month at Elgin, Tex., agreeing to pay therefor the sum of 10% cents per pound, based upon the current price of middling cotton at Elgin on said date. Notwithstanding appellant held himself in readiness and was able and willing at all times to pay for said cotton according to the contract price, appellees failed and refused to comply with said contract, whereupon this action was brought to recover damages therefor. The petition, after alleging the…