Texas Supreme Court

Hohenberg Brothers Company, Petitioner v. George E. Gibbons and Company, Respondents

May 12, 197619 Tex. Sup. Ct. J. 310

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the contract’s “Shipment” clause was not a condition precedent to Gibbons’ liability and that Gibbons owed Hohenberg Brothers delivery of the cotton, remanding for a new trial.