Waldrep v. Roquemore

RICE, Associate Justice.

On the 14th of November, 1907, appellant, a resident of Gonzales County, Texas, contracted in writing to sell and deliver, on the 23d of November, 1907, to H. N. Beakley, of Coleman County, Texas, f. o. b. ears at Gonzales, Texas, one car of pecans, to weigh 30,000 pounds, at four cents per pound. The Funston Dried Fruit & Nut Company, a corporation of St. Louis, Mo., though not named therein, was a party at interest in said contract. Appellant failed to deliver the pecans as provided in said contract, and it is claimed that, between the date of purchase and the date…