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NELSON v. UNION EQUITY CO-OP. EXCHANGE

No. 17719.

536 S.W.2d 635 (1976)

Carroll NELSON, Appellant, v. UNION EQUITY CO-OPERATIVE EXCHANGE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 21, 1976.

Attorney(s) appearing for the Case

Law Offices of Ralph W. Nichols, and J. Steven King, Fort Worth, for appellant.

Cantey, Hanger, Gooch, Cravens & Munn, and R. Daniel Settle, and S. G. Johndroe III, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Union Equity Co-operative Exchange, as plaintiff, sued Carroll Nelson, as defendant, alleging damages by reason of Nelson's failure to deliver 5,000 bushels of wheat @ $3.56 per bushel as promised orally. The oral transaction of agreement of sale and purchase had been followed immediately by written confirmation mailed by Union Equity to Nelson, as contemplated by the Uniform Commercial Code, Texas Business and Commerce Code...

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