Weathersby v. Gore

556 F.2d 1247 (1977)

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Weathersby v. Gore

United States Court of Appeals for the Fifth Circuit
556 F.2d 1247 (1977)

JL

Facts

Frank Weathersby (plaintiff), a cotton buyer, contracted to purchase cotton from Y. B. Gore (defendant), a cotton farmer. Gore canceled the contract two months later, which was many months before the cotton was to be picked. Weathersby made no attempt to seek substitute goods. Both parties agreed that other cotton was available on the open market, which Weathersby could have purchased. Weathersby brought a breach-of-contract action against Gore, seeking specific performance of the contract. The district court ordered specific performance after a jury returned a verdict in Weathersby’s favor. Gore appealed.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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