Kahn v. Harris, Upham & Co.

The parties will be identified as in the trial court.

The price of cotton fell during October of 1946 resulting in a loss in the purchase and resale of 700 bales of “December” cotton. This suit determines whether that loss falls upon the cotton broker or upon his customer.

Defendant, Dr. Jack Kahn of Victoria County, is alleged to have purchased 7 separate contracts of cotton (each 100 bales) on October 15th and 16th of 1946. Two of these contracts were sold by the plaintiff broker on the following day (October 17th), and the other five were sold five days later (October 21st) for a loss of…