Great Atlantic & Pacific Tea Co. v. Jones Inv. Co.

Jones Investment Company (formerly Texas Ice & Cold Storage Company), a corporation, sued the Great Atlantic & Pacific Tea Company, a foreign corporation doing business in Texas, to recover damages for breach of a contract alleged to have been entered into between the parties, in which plaintiff agreed to sell and deliver, and defendant agreed to buy and pay for at the rate of 25 cents per cwt., all ice required in its retail grocery stores operated in the city of Dallas, excluding those located in that part of the city known as Oak Cliff.

Plaintiff alleged, in substance, and the proof…