Dallas Cooperage & Woodenware Co. v. Creston Hoop Co.

This is an action for damages for the breach of a contract for the delivery of two cars of six-foot coiled elm hoops. The defendant admitted the contract and its failure to make delivery of the hoops, but set up, as defenses to the action, (1) that it was prevented by a fortuitous event from carrying out its agreement; and (2) that the contract was subsequently canceled by a representative of. the plaintiff. The court below gave plaintiff judgment, and defendant appealed.

The appellant has not followed up its appeal by making any appearance, either by argument or by brief, in this court.

Our…