Moffitt v. Hieby

Mrs. Ursula Hieby sued Perry L. Moffitt and Charles Flick, doing business as Green Valley Packers, and the United States Fidelity & Guaranty Company, as surety upon their bond, to recover damages for the nonperformance of a contract with reference to the sale and purchase of certain citrus fruit grown by Mrs. Hieby in her orchards located in Hidalgo County, Texas. A cross-action for damages was filed by Moffitt and Flick. At the close of the evidence the court granted plaintiff’s motion to instruct the jury to render a verdict in her favor and against Moffitt and Flick on their cross-action,…