Legal Opinion

R. N. Kelly Cotton Merchant, Inc. v. York

Court of Appeals for the Fifth Circuit

Decided May 20, 1974No. 73-3838PublishedCited by 3 opinions

1Per curiam

Appellee is a cotton merchant who brought this diversity action to obtain specific performance of contracts for the *42sale of cotton by appellant cotton farmers. The contracts were executed in March, 1973, at a price fair at the time but much lower than that prevailing during the fall when delivery was due. The district court granted the relief sought, finding that by virtue of appel-lee’s own contractual commitments to textile mills, to deliver cotton at prices far below then-current market prices, appellee would suffer irreparable injury if appellants failed to perform.

Appellants’ principal…

2Cases cited1 opinion

  1. Fenner & Beane v. CalhounCourt of Appeals of Georgia · 1937

3Cited by3 opinions

  1. Austin v. MontgomeryMississippi Supreme Court · 1976
  2. Durkan Enterprises, Inc. v. Cohutta Banking Co.District Court, N.D. Georgia · 1980
  3. R. N. Kelly Cotton Merchant, Inc. v. Kenneth York, L.M. York, Hugh D. McLane and Charles Cheek, No. 73-3838 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409Court of Appeals for the Fifth Circuit · 1974

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