Consolidated Pecan Sales Co. v. Denison Peanut Co.

McCORD, Circuit Judge.

This is a suit for breach of contract brought by the Denison Peanut Company, a Texas corporation, against the Consolidated Pecan Sales Company, a Georgia corporation. On motion the court below directed a verdict for Denison Peanut Company and the Consolidated Pecan Sales Company has appealed.

In April, 1936, the Denison Peanut Company sold the Consolidated Pecan Sales Company certain described shelled pecans. The sale contract specified the amount of pecan meats sold, the price to be paid for each named grade, and the terms of payment. The meats were sold f. o. b.…