Davis v. Ferguson Seed Farms

Appellant sued appellee for damages alleged to have resulted from a brfeach of contract by appellee to deliver to appellant sound and fertile cotton seed, which appellee knew were to be used by appellant for the purpose of resale to farmers for planting purposes.

Appellant alleged, in substance, that on October 29, 1918, he contracted with appellee for the purchase of 400 bushels of cotton seed at $2.50 per bushel, and that in pursuance of an understanding then had, the order, on November 21, 1918,' was increased to 1,100 bushels; that at the time. of making the contract for the seed, appellee…