Legal Opinion
Eugene B. Smith & Co., Inc. v. Russek
Court of Appeals for the Fifth Circuit
Decided April 30, 1954No. 14793PublishedCited by 9 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This is an action for the breach of an alleged contract to buy 1,665 bales of cotton at 81.75 cents per pound. The cotton was grown in Mexico; but the contract was made and was to be performed in Brownsville, Texas, where the cotton was to be delivered by the seller and paid for by the buyer. Upon a plenary trial by jury in the Court below, the appellee was awarded a verdict and judgment against the appellant for $18,731 with interest at 6% per annum from April 12, 1951, and costs. The errors relied on by appellant are that appellee was not able to deliver the cotton;…
2Cases cited5 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Texas Seed & Floral Co. v. Chicago Set & Seed Co.Court of Appeals of Texas · 1916
- Texas Co. of Mexico, SA v. RoosCourt of Appeals for the Fifth Circuit · 1930
- City of Texarkana v. Arkansas Louisiana Gas Co.Court of Appeals for the Fifth Circuit · 1940
- Pierce Oil Corporation v. Gilmer OilCourt of Appeals of Texas · 1921
3Cited by9 opinions
- Colonial Refrigerated Transportation, Inc. v. George P. Mitchell, George P. Mitchell v. Colonial Refrigerated Transportation, Inc.Court of Appeals for the Fifth Circuit · 1968
- Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969
- Houston Chronicle Publishing Co. v. McNair Trucklease, Inc.Court of Appeals of Texas · 1975
- Reed v. FultonCourt of Appeals of Texas · 1964
- Texas City Terminal Railway Co. v. American Equitable Assurance Co.District Court, S.D. Texas · 1955
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