Street v. Smith Bros. Grain Co.

This suit was instituted on June 4, 1921, by Bert K. Smith and J. A. Simons, Jr., doing business under the firm name of Smith Bros. Grain Company, against J. C. Street, alleged to be a resident of Mills county, Tex. The plaintiff alleged that during the month of May, 1919, the plaintiff and defendant entered into written contracts whereby the defendant sold and promised to deliver to plaintiff, at specified dates and in specified quantities, f. o. b. Texas common points, No. 3 red oats in bulk at a specified rate per bushel; terms being upon destination weights and grades. It was alleged that…