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EUGENE B. SMITH & CO. v. RUSSEK

No. 14793.

212 F.2d 338 (1954)

EUGENE B. SMITH & CO., Inc. v. RUSSEK et al.

United States Court of Appeals, Fifth Circuit.

April 30, 1954.

Attorney(s) appearing for the Case

Fred B. Wagner, Brownsville, Tex., for appellant.

T. Gilbert Sharpe, Reynaldo G. Garza and Sharpe, Cunningham & Garza, Brownsville, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

HOLMES, Circuit Judge.

This is an action for the breach of an alleged contract to buy 1,665 bales of cotton at 81.75 cents per pound. The cotton was grown in Mexico; but the contract was made and was to be performed in Brownsville, Texas, where the cotton was to be delivered by the seller and paid for by the buyer. Upon a plenary trial by jury in the Court below, the appellee was awarded a verdict and judgment against the appellant for $18,731 with interest at 6%...

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