Warren Central R. v. Texas Creosoting Co.

WALKER, Chief Justice.

On January 14, 1931, appellee, Texas Oreo-soting Company, a corporation, and appellant, Warren Central Railroad Company, a corporation, duly chartered under the laws of the state of Texas, hereinafter referred to as appellant railroad company, entered into a written contract whereby appellee agreed to sell, and appellant railroad company agreed to buy, certain railroad material, fully described in the contract as to character of material, place and time of delivery, and terms and conditions of payment. This material was to be used, and in fact was used, by appellant…