Dawson v. Malone

(after stating the facts as above).

Tbe appellants contend that tbe court should have entered judgment in their favor upon the jury findings, for the damages sued for, resulting from the failure of appellee to deliver the quality of cottonseed agreed upon. It is argued that, as found by "the jury, as the cottonseed were in a damaged and unsound condition when the car reached “the mill” of the appellees, where the parties intended the weight and quality of the cottonseed should be ascertained, the appellants were entitled to sue ánd recover the damages of the appellees on the contract,…