Leonard v. American Walnut Co., Inc.

CLARK, Presiding Judge.

Charles W. Leonard brought suit for damages incurred when American Walnut Company breached its contract to purchase standing walnut timber on Leonard’s farm. After a bench trial, judgment was entered for Leonard in the sum of $3347.00 and American Walnut Company appeals.

The principal point of error asserted on this appeal under four alternative but interrelated contentions concerns the theory and measure of damages for breach of the purchase contract. Additionally, American argues that its failure to perform was justified in response to the seller’s breach when the…