Pope v. Mergenthaler Linotype Co.

SMITH, Chief Justice.

Mergenthaler Linotype Company, a New York concern, sued Walter E. Pope' for damages for alleged breach of a written contract, executed and alleged to have been breached in the year 1925.

It appears that Pope owned a used lino-type machine in his newspaper office at Corpus Christi, and contracted with the Linotype Company to purchase from it two linotype machines, for a money consideration of $3,005, to be evidenced by specified installment notes, and Pope’s old machine, which he agreed to deliver to the company properly boxed and shipped, f. o. b. Corpus Christi.

It is…