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BOWEN v. CULLMAN BROS., INC.

No. 26844.

414 F.2d 739 (1969)

James H. BOWEN et al., Plaintiffs-Appellants, v. CULLMAN BROS., INC., Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 13, 1969.

Attorney(s) appearing for the Case

S. Gunter Toney, Wilfred C. Varn, Toney & Guarisco, Ervin, Pennington, Varn & Jacobs, Tallahassee, Fla., for appellants.

Victor M. Cawthon, A. Frank O'Kelley, Charles H. Spitz, Tallahassee, Fla., Howard A. Seitz, New York City, Keen, O'Kelley & Spitz, Tallahassee, Fla., Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.

TUTTLE, Circuit Judge:

This appeal challenges the correctness of a directed verdict granted by the trial court in a contract case in which the court permitted parol evidence to explain what the court found to be ambiguous terms. The contract was one between Cullman Bros. and the appellant growers, under which the farmers or growers were advanced a certain sum per acre to help defray the large cost of growing the "shade tobacco;" after the tobacco was grown it was...

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