Sealy Cotton Co. v. Gustafson & Spencer, Inc.

Appellee in this proceeding sued appellant for breach of a contract to purchase from appellee’s predecessor, to whose rights it had succeeded, 144,000 gallons of fuel oil, to be delivered during a period of six months from March 1 to August 31, 1921, at the agreed price f. o. b. tank car refinery at Wichita Falls, Tex., of $1 per barrel of 42 gallons, cash upon receipt of sight draft, with bill of lading for each shipment attached; the contract' of purchase provided that orders would be made by appellant upon appellee’s predecessor for the oil, and deliveries would be made monthly, 8,000…