Malone v. Dawson

The defendants in error, doing business under the name of the Fidelity Products Company, brought this suit against the plaintiffs in error, doing business under the name of the Willis Gin Company, in the County Court of Harris County, to recover damages for an alleged breach of a contract of sale of one car of cottonseed.

The facts pleaded and proven disclosed that on September 12, 1923, defendants in error agreed to purchase from plaintiffs in error a loaded car of cottonseed at $48 a ton f. o. b. Willis, payable on presentation to defendants in error at Houston of sight draft, the car to be…