Marion v. Hammonds

CHAPMAN, Justice.

This is an appeal by J. B. Marion d/b/a J. B. Marion & Company from an adverse judgment based upon a jury verdict in favor of W. B. Hammonds in which he sued for breach of contract to purchase all the cotton appellee grew on two designated farms in 1961 at thirty cents per pound.

Appellant accepted the first seventy-five bales and refused one hundred and seven bales, telling appellee he did not have the money to pay for them. He also told him to sell the cotton and sue them for the difference. This is exactly what he did after taking the cotton cards to “half a dozen or more…