Marion v. Hawthorne

CHAPMAN, Justice.

This is an appeal by J. B. Marion d/b/a J. B. Marion Company from a judgment based upon a jury verdict for damages for breach of a written contract made on October 5, 1961, to purchase at 30.4 cents per pound all the cotton J. D. Hawthorne would grow on specified land for 1961 having 336 acres of cotton; and would harvest, gin, and deliver to appellee. He purchased approximately 260 bales then refused to accept the remainder of 282 bales. Appellee elected to sell the cotton at a fair sale and sue for the difference.

The case was submitted to a jury upon special issues, which…