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NATIONAL FARMERS ORGANIZATION v. SMITH

No. 989.

526 S.W.2d 759 (1975)

NATIONAL FARMERS ORGANIZATION, Appellant, v. J. O. SMITH, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

August 29, 1975.

Attorney(s) appearing for the Case

R. D. Cullen, Cullen, Carsner & Williams, Victoria, for appellant.

W. S. Fly, Fly, Moeller & Stevenson, Victoria, for appellee.

OPINION

NYE, Chief Justice.

This is a suit for damages based on a breach of contract between farmer J. O. Smith and the National Farmers Organization (called NFO hereafter). The farmer agreed to sell his milo grain to NFO and intentionally failed to deliver a substantial portion of the grain. The NFO sought damages from the farmer (as an offset to an amount NFO owed the farmer). NFO appeals from a portion of the trial court's judgment which held adversely...

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