Farmers' Gin Co. v. Kasch

Appellee sued appellant corporation for damages for refusal to receive at Blum, Tex., and pay for, a carload of 1,000 bushels of pedigreed cotton seed contracted for by appellant’s manager on August 16, 1920. The contract price was $3.-*74740 per bushel. The seed were shipped about January 1, 1921. After rejection appellee resold them at $1 per bushel and sued for the difference. Appellant defended on the ground that the contract was procured by fraud, was ultra vires, and that Carmiehall, its manager, had no authority to make it. By supplemental petition appellee pleaded estoppel of appellant to…