Garner v. Jesse C. Stewart Co.

DAWKINS, District Judge.

Appellants (defendants below) entered into an agreement with the appellee for the sale of three hundred tons of cotton-seed meal at the price of $39' per ton, to be delivered, 100 tons during each of the months of Octo-. her, November, and December, 1927. This contract was “subject to the rules of the Texas Cotton Seed Crushers’ Association.” Defendants failed, notwithstanding timely demands, to make any shipments, and after the expiration of each month, plaintiff went into the open market and purchased the meal at prevailing prices. For that not delivered in October,…