Jamail v. C. B. Cato & Co.

This suit was brought by appellee to recover of appellant the purchase price of two carloads of watermelons sold and delivered to him hy appellee. Plaintiff’s cause of action is thus alleged in its petition:

“That the defendant is justly indebted to plaintiff in the sum of ($408.47) for goods, wares, and merchandise sold and delivered to defendant at his special instance and request on July 31,1925, for which the defendant promised and agreed to pay said amount; that said merchandise consisted of two cars of melons shipped by plaintiff from Weatherford, Tex., to the defendant on said date, one…