Mattiza v. Lachs

MURRAY, Justice.

This suit was instituted by Philipp Lachs, doing business as South Texas Seed & Feed Company, against W. H. Mattiza for breach of contract to deliver a million pounds of grain in July, 1945, for a basis price of $1.25 per hundred pounds.

The trial was to a jury and, based upon the findings of the jury, judgment was entered in favor of Philipp Lachs and against W. FI. Mattiza, in the sum of $4,933.09, and from that judgment W. H. Mattiza has prosecuted this appeal.

Appellant first contends that the evidence shows a different contract from the one plead and therefore the court…