Cuthbertson v. E. B. Hayes MacHinery Co.

On August 11, 1919, E. B. Hayes Machinery Company of Marshall, Tex., sold to A. S. Cuthbertson at Hooks, Tex., a gasoline engine for the sum of $525. A written contract was at the time executed, which contained the following provision:

“In case we (the purchaser) fail or refuse to receive said machinery or any part thereof before or after shipment or on arrival, we agree to pay E. B. Hayes Machinery Company at Marshall, Tex., 25 per cent, of the amount of this contract, and 10 per cent, thereof as attorney’s fees if placed in the hands of an attorney for collection, as stipulated and…