J. W. Tipton Cotton Co. v. Clayton

This is a suit to recoyer damages for breach of an option contract on the sale of 129 bales of cotton. The plaintiff is a corporation of Missouri and defendants, W. L. Clayton et al., are co-partners doing business under the name of Anderson Clayton Company, with their principal office in Memphis Tennessee.

The issues involved may be more clearly understood by a reference to the pleadings. Plaintiff’s amended petition, upon which the case was tried, alleges in substance (quoting from respondent’s statement of the case) the following: “that on November 3rd, 1932, plaintiff agreed to sell to…