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COHEN v. HAILEY

No. 12853.

280 S.W.2d 300 (1955)

Maurice COHEN, Appellant, v. J. I. HAILEY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 22, 1955.

Attorney(s) appearing for the Case

Lang, Byrd, Cross & Ladon, San Antonio, for appellant.

Keys, Russell, Keys & Watson, Corpus Christi, Brewer, Matthews, Nowlin & Macfarlane, San Antonio, for appellee.

W. O. MURRAY, Chief Justice.

On or about November 12, 1951, Maurice Cohen entered into an agreement with J. I. Hailey to purchase some 93 head of cattle. These cattle were classified and priced as follows: 80 steers, 28c per pound, 2 bulls, 25c per pound, 7 cows, 20c per pound, 4 calves, 30c per pound. The cattle were to be delivered at Valentine, Texas, on or about November 19, 1951. Cohen purchased these cattle without having seen them and agreed that they should...

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