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GUSSMAN v. BYRD CATTLE CO.

No. 4617.

11 F.2d 136 (1926)

GUSSMAN v. BYRD CATTLE CO.

Circuit Court of Appeals, Fifth Circuit.

January 12, 1926.

Attorney(s) appearing for the Case

R. D. Wright, of Laredo, Tex. (M. S. Cohen, of Los Angeles, Cal., and Hicks, Hicks, Dickson & Bobbitt, and Charles M. Dickson, all of San Antonio, Tex., on the brief), for plaintiff in error.

I. S. Kampmann and Henry P. Burney, both of San Antonio, Tex. (Kampmann & Burney and Albert Buss, all of San Antonio, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit to recover damages for breach of a contract to purchase and pay for 37 carloads of onions. The contract provided for the sale by Byrd Cattle Company, plaintiff, to Hyman Gussman, defendant, of 43 carloads out of a crop of about 100 carloads of onions then growing in plaintiff's field, at $1.60 per crate f. o. b. shipping point, at the rate of 3 carloads per day, Sundays and rainy days excepted. Defendant accepted and paid for 6...

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