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GARNER v. JESSE C. STEWART CO.

No. 5651.

39 F.2d 49 (1930)

GARNER et al. v. JESSE C. STEWART CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 8, 1930.

Attorney(s) appearing for the Case

H. H. Cooper and A. A. Lumpkin, both of Amarillo, Tex. (Cooper & Lumpkin, H. H. Cooper and A. A. Lumpkin, all of Amarillo, Tex., on the brief), for appellants.

Ben H. Stone, of Amarillo, Tex. (Stone & Guleke and Ben H. Stone, all of Amarillo, Tex., on the brief), for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Appellants (defendants below) entered into an agreement with the appellee for the sale of three hundred tons of cotton-seed meal at the price of $39 per ton, to be delivered, 100 tons during each of the months of October, November, and December, 1927. This contract was "subject to the rules of the Texas Cotton Seed Crushers' Association." Defendants failed, notwithstanding timely demands, to make any shipments, and after the expiration of...

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