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MARION v. LAYTON

No. 7291.

373 S.W.2d 122 (1963)

J. B. MARION d/b/a J. B. Marion & Company, Appellants, v. J. E. LAYTON et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 2, 1963.

Attorney(s) appearing for the Case

Edward W. Napier, Lubbock, for appellants.

Huff & Bowers, Lubbock, for appellees.

CHAPMAN, Justice.

J. E. Layton, R. H. Layton, and J. W. Layton instituted this suit against J. B. Marion d/b/a J. B. Marion & Company for breach of a written contract to buy all the cotton produced on the land described in the contract at the rate of 30¢ per pound for the 1961 crop year. The purchaser accepted 143 bales pursuant to the contract then refused to accept any more, thus rejecting the 150 bales constituting the basis for this law suit. Those 150...

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