Goodwin v. Southtex Land Sales, Inc.

NORVELL, Justice.

This is a suit for damages for breach of a contract, partly in writing and partly in parol, under which appellees, Southtex Land Sales, Inc., and Mrs. Mary O’Brien Shary, independent executrix of the estate of John H. Shary, deceased, allegedly agreed to purchase 40,000 budded citrus trees from appellants, Ray D. Goodwin and Eugene M. Goodwin, who were doing business as Ray D. Goodwin Nurseries.

After appellants, as plaintiffs below, had completed their case, the appellees 'also rested and made a motion for an instructed verdict which was overruled by the court. The case was…