Pope v. Mergenthaler Linotype Co.

Mergenthaler Linotype Company, a New York concern, sued Walter E. Pope for damages for alleged breach of a written contract, executed and alleged to have been breached in the year 1925.

It appears that Pope owned a used linotype machine in his newspaper office at Corpus Christi, and contracted with the Linotype Company to purchase from it two linotype machines, for a money consideration of $3,005, to be evidenced by specified installment notes, and Pope's old machine, which he agreed to deliver to the company properly boxed and shipped, f. o. b. Corpus Christi.

It is conceded that Pope executed…