J. L. McENTIRE & SONS, INC. v. HART COTTON COMPANY, INC.

No. 73-297.

511 S.W.2d 179 (1974)

J. L. McENTIRE & SONS, INC., et al., Appellants, v. HART COTTON COMPANY, INC., et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied September 16, 1974.


Attorney(s) appearing for the Case

Jones, Mathews & Tolson, Pine Bluff, for appellants.

James H. Wilson, Jr., Bennett L. Kight, C. Christopher Hagy and John W. Bonds, Jr., Atlanta, Ga., filed brief Amicus Curiae of American Textile Mfgs. Institute; Sutherland, Asbill & Brennan, Atlanta, Ga., of counsel.

Coleman, Gantt, Ramsay & Cox, Pine Bluff for appellees Hart Cotton and Harlow Sanders & Co., Inc.

Bridges, Young, Matthews & Davis, Pine Bluff, for appellees W. H. Kennedy & Son, Inc., Barnwell & Hays, Inc., Cook Industries, Inc., and Staple Cotton Cooperative Association.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for appellee Cook Industries, Inc.


WILLIAM H. SUTTON, Special Justice.

Appellants are twelve cotton growers. Between January 25, 1973 and March 22, 1973, each of them by separate contract agreed to sell his 1973 cotton crop to one of the appellees who are cotton merchants. While all of the contracts are not identical, the differences are not critical to the issues on appeal.

The contracts provided that appellants would plant certain cotton acreage and, using good farming methods, deliver the...

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