TEX-GOOBER CO. v. LOS ANGELES NUT HOUSE, INC.

No. 85-2688.

803 F.2d 1358 (1986)

TEX-GOOBER COMPANY, Plaintiff-Appellee, v. LOS ANGELES NUT HOUSE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1986.


Attorney(s) appearing for the Case

Brian J. Hurst, David Ford Hunt, Dallas, Tex., for defendant-appellant.

Mark P. McMahon, Longview, Tex., Harold W. Nix, Daingerfield, Tex., for plaintiff-appellee.

Before GEE, RANDALL and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

This is an appeal by a nut house in a lawsuit over peanuts. The dispute boils down to whether Spanish No. 1 peanuts should have been substituted for Spanish Jumbo peanuts. Because the trial judge failed to submit an interrogatory to the jury on the custom for substitution in this nutty business, we remand the case for additional findings of fact.

I.

The Tex-Goober Company (Tex-Goober) agreed to sell 270,000 pounds...

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