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TEMPLE GRAIN & HAY CO. v. THROCKMORTON MILL & EL. CO.

No. 3504.

328 S.W.2d 819 (1959)

TEMPLE GRAIN & HAY COMPANY, Inc., Appellant, v. THROCKMORTON MILL & ELEVATOR COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 20, 1959.

Attorney(s) appearing for the Case

Langford Carlton, Fort Worth, for appellant.

Fred Wright, Throckmorton, for appellee.

GRISSOM, Chief Justice.

Throckmorton Mill and Elevator Company, Inc., sued Temple Grain and Hay Company, Inc., for breach of a contract to buy wheat. Throckmorton Mill and Elevator Company, Inc., contended and produced evidence sufficient to sustain the contention, that they sold a certain grade of wheat to be delivered to Temple Grain and Hay Company, Inc., or its order, before June 5th at $2 per bushel. Plaintiff's testimony was to the effect that it was directed...

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