The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 452
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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256 FEDERAL REPORTER
as amended is assigned as error. The following is a copy of count 5
as amended:
"5. Plaintiff further claims of the defendant the further sum of $9,163.74,
with interest thereon from the 8th day of August, 1916, for that heretofore, to
wit, on the 23d day of June, 1915, plaintiff and defendant were regular mem-
bers of a voluntary association known as the Interstate Cotton deed Crushers'
Association, which had regularly adopted a constitution and by-laws and
official rules governing transactions in cotton seed products between the
Ienibers of such association, which were in full force and effect on said 23d
day of June, 1915. Section 2 of article I of the constitution of said associa-
tion provides that said association shall have power 'to enact laws for its gov-
ernment and the government of its members, and rules governing all trans-
actions in cotton seed products by and between its members and to provide
and enforce penalties for any violation thereof.' And by section 8 of article V
of said Constitution it was provided that immediately after the close of each
annual session committee on arbitration of five members each should be ap-
pointed at Dallas, Texas, and other places named, and plaintiff avers that the
committee on arbitration for Dallas, Texas, was, immediately after the close
of the annual meeting of said association which was held at Birmingham, Ale-
baima,' on, to wit, May 17, 18, 19, 1915, duly appointed. That by section 7 of
article II of the by-laws of said association it was provided as follows: 'The
arbitration committee provided for in article V, section 8, of the constitution,
shall perform their duties in conformity with the rules of said association.'
"That rule 15, section 3, of said association, was in force on said 23d day of
June, 1915, and provided as follows: 'Section 3. When a sale is made of
season's or balance of season's output of linters, the seller must ship and the
buyer must receive all linters seller makes to the end of the season: Pro-
vided, that when estimated number of bales is stated in contract or in con-
firmation of sale or purchase, the buyer may demand and seller must ship,
or may ship whether demanded or not, 15 per cent. in excess of estimated
quantity if he makes a sufficient number of bales to enable him to do so, and
buyer must receive and pay for same at contract price. Should seller not
make the quantity estimated, he shall deliver the number of bales made, and
shipment of 85 per cent. of the estimated quantity shall be deemed a fulfilment
of, the contract. The limitation of each season shall be the 31st of July, so
that each season's output of linters shall include everything made up to
July 31st.'
"And plaintiff avers that while the plaintiff and the defendant herein were
members of said association they made and entered into a written contract, a
copy of which is hereto attached, marked Exhibit A, and made a part hereof,
for the sale by the defendant to the plaintiff -of the cotton linters therein re-
ferred to. That under said contract the defendant, between the 23d day of
June, 1915, and the 31st day of July, 1916, delivered to plaintiff 1,324 bales of
winters, and thereafter refused and failed to deliver 376 bales of said linters
of the aggregate weight of, to wit, 192,921 pounds, the balance due plaintiff
under said contract, although plaintiff was at all times ready, able, and will-
ing to accept and pay for said linters as provided in said contract, the defend-
ant claiming that by the terms of said contract it was not obligated to de-
Ifter said 376 bales or said 192,921 pounds of linters, or any part thereof, and
plaintiff having agreed and contracted td sell said 376 bales of linters to
another party, was compelled to and did purchase the same in the open market
and paid therefor eight and one-quarter (8%1) cents a pound, the market value
of said linters at, to wit, time of the breach by the defendant of the contract
sued on, amounting to, to wit, $15,915.98, less freight to New York of $964.61,
making a difference between the contract price and the price which the plain-
tiff had,to pay for said 376 bales of linters $9,163.74, to the damage of plaintiff
as aforesaid.
"And plaintiff avers thf t by rule 36 of said association, which was in force
during the year 1916, it was provided that in case of differences between mem-
bars of the association concerning transactions in cotton seed products, the
same should be settled by arbitration upon the application of either of said
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/466/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.