B. F. Swartz & Co. v. Woldert Grocery Co.

Opinion of the 'Court by

Judge Miller

Affirming.

*744This suit for $529.20 damages for breacn of contract of sale, grew out of the following state of facts:

On Saturday, June 8,1907, the appellee grocery company, of Tyler, Texas, through its agents, Donigan & Barrett, of Louisville, Ky., sold to appellant, of Louisville, one car of Pink Tomatoes at 75 cents per crate, amounting to $688.54; and, on the Monday following a-car of Triumph Potatoes at 75 cents per bushel, amounting to $313.55, F. O. B. Tyler. The two sales were confirmed on Monday by an order in writing. At the bottom thereof there is…