Oherbonnier v. Shirley

Appellant, as assignee of the contract, sued appellee for damages in the sum of $740 by reason of appellee’s failure to deliver to appellant 60 tons of cotton seed f. o. b. cars at Lorenzo or Cedric. The contract was made between J. A. Bedinfield and appellee October 1, 1914, and the contract price of the seed is $12 per ton. Axipel-lant alleged the execution and assignment of the contract; that he afterwards sold 60 tons for future delivery to the Star Mill & Elevator Company at Amarillo; that appellee wholly failed to deliver the seed to appellant, putting him off from time to time under…