LOEB AND CO., INC. v. MARTIN

SC 1524.

327 So.2d 711 (1976)

LOEB AND CO., INC. v. D. L. MARTIN, Jr.

Supreme Court of Alabama.

February 20, 1976.


Attorney(s) appearing for the Case

Norman W. Harris and William E. Shinn, Jr., Decatur, for appellant.

W. H. Rogers, Moulton, for appellee.


FAULKNER, Justice.

This is an appeal from an order of the Circuit Court of Lawrence County denying Loeb's motion for new trial. We reverse.

THE FACTS

Martin entered into a forward contract to sell cotton to Loeb for 33 cents per pound. When time came to deliver, a dispute arose between Martin and Loeb as to how much cotton Loeb purchased under the contract. We set out the facts leading to the dispute.

In March, 1973, Loeb's agent,...

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