Dillard v. Hal Brown & Co.

BRYAN, Circuit Judge.

On July 31, 1923, the plaintiff, Hal Brown & Co., bought from the defendants, Dillard & Fullingim, 200 bales of cotton at 21 cents per pound, or $21,000, upon a contract providing for delivery in the following November or December. On the same day plaintiff made a contract for the resale of the cotton. The defendants refused to make delivery under their contract, and plaintiff, in order to fulfill its contract of resale, bought other cotton at an advance in price, and recovered judgment in the trial court for the loss thus sustained. The only defense to the action was…