Kempner v. Advance Thresher Co.

PLEASAHTS, Associate Justice.

This is a suit by appellee against appellant to recover the contract price of a threshing machine and automatic stacker, together with the freight charges paid by appellee upon said machines. The price of the machines is alleged to be $835 and the freight paid by appellee $91.20. The plaintiff declared upon a contract for the sale of said machinery made by the plaintiff and defendant on January 31, 1903, and alleged that the machinery was sold and delivered to the defendant under said contract.

The defendant answered by general and special exceptions and general…