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CONTINENTAL GRAIN CO. v. MARTIN

No. 75-1324.

536 F.2d 592 (1976)

CONTINENTAL GRAIN COMPANY, Plaintiff-Appellee, v. Clem MARTIN and Clem Martin, Individually and d/b/a Martin Brothers & Son, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1976.

Attorney(s) appearing for the Case

Leland B. Kee, Angleton, Tex., for defendants-appellants.

Hubert Oxford, III, Beaumont, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, JONES and GOLDBERG, Circuit Judges.

JONES, Circuit Judge:

This is a diversity action arising in Texas and governed by the laws of Texas. Continental Grain Company negotiated with the Martins, a partnership, for the purchase of 10,000 bushels of soybeans at a price of $3.33 per bushel. Subsequently the Martins informed Continental that delivery would not be made. The market price for soybeans had risen to $5.13½ per bushel. Continental sued for breach of...

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