Humble & McLendon v. Wyatt

Opinion of the Cotjht by

William Rogees Clay, CommissioneR

— Affirming.

Plaintiffs, L. H. Humble and D. R. McLendon, partners doing business under tbe firm name of Humble & McLendon, brought this suit against defendant, W. B. Wyatt, to recover damages for Ms breach of a contract of purchase of a certain quantity of railroad ties. A demurrer was sustained to the petition and the petition dismissed. Plaintiffs appeal.

It appears from the petition that plaintiffs and defendant entered into a contract, by which defendant purchased from plaintiffs not less than 30,000 and not more than 50,000 white…