Contracts · MBE-tested
TEXAS OIL CO. v. KALMBACH
239 F. 1023·United States Court of Appeals for the Fifth Circuit·1917
Before PARDEE and WALKER, Circuit Judges, and FOSTER, District Judge.
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Opinion
TEXAS OIL CO. v. KALMBACH.
(Circuit Court of Appeals, Fifth Circuit.
March 12, 1917.)
No. 2747.
In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by R. A. Kalmbach against the Texas Oil Company. Judgment for plaintiff, and defendant brings error.
Affirmed.
A. A. Armistead and Moncure Dabney, both of Vicksburg, Miss., for plaintiff in error.
T. C. Catchings and O. W. Catchings, both of Vicksburg, Miss., for defendant in error.
Before PARDEE and WALKER, Circuit Judges, and FOSTER, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
There is no dispute about the contract in this ease, nor as to what it called for. The evidence shows a breach on the part of the Texas Oil Company giving a right to Kalmbach to sue for damages. From our consideration of the record in the light of the assignments of error and briefs of counsel, we conclude that the plaintiff, Kalmbach, proved damages in the amount directed by the court and found by the jury. Judgment affirmed.