TOYO COTTON CO. v. COTTON CONCENTRATION CO.

Nos. B-2195, B-2196 and B-2197.

461 S.W.2d 116 (1970)

TOYO COTTON COMPANY, Petitioner, v. COTTON CONCENTRATION COMPANY, Inc., Respondent. A. LASSBERG & COMPANY, Petitioner, v. COTTON CONCENTRATION COMPANY, Inc., Respondent. H. MOLSEN & COMPANY, Petitioner, v. COTTON CONCENTRATION COMPANY, Inc., Respondent.

Supreme Court of Texas.

Rehearings Denied January 6, 1971.


Attorney(s) appearing for the Case

Sheehy, Jones, Cureton, Westbrook & Lovelace, W. E. Cureton, Waco, for petitioner.

Mills, Shirley, McMicken & Eckel, Galveston, Burford, Ryburn & Ford, Brooks, Montgomery & Matthews, Frank C. Brooks, Dallas, for respondent.


GREENHILL, Justice.

The common question in these three suits for declaratory judgment is whether the plaintiffs Toyo Cotton Company et al. are liable to the defendant Cotton Concentration Company, Inc., for storage charges on plaintiffs' cotton during the period in question. The cotton was stored under an agreement, called a tariff, on a per day charge. At the time when the plaintiffs requested their cotton removed from storage to be shipped overseas, they tendered...

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