Gustafson & Spencer, Inc. v. Bell Oil & Gas Co.

Opinion by

STEPHENSON, C.

A valid contract was entered into between the plaintiff and defendant, consisting of a written order, letters, and telegrams, whereby the defendant became legally bound to sell ten «aTS of naptha to the plaintiff. The defendant agreed to deliver the naptha to the plaintiff at Burkburnett, Tqx., for a certain sum of money. The defendant failed to deliver the naptha to the plaintiff as it agreed to do. The plaintiff was unable to purchase íhcj naptha at the place of delivery, similar in quality and class with that which the defendant agreed to sell and deliver.

The…