Case cover is missing. Other plaintiff is Frank Broughton, Benton's partner in firm of Broughton & Co. Other defendants are W. B. Covington and T. A. Freeman, Covington's partners in firm of W. F. Covington & Co. Plaintiff's company ordered lumber from defendant's company. The contracted amount of order was only partially filled, and plaintiffs were forced to buy lumber from other dealers at a higher price. Defendants deny the existence of a contract.

Opinion only. Plaintiff leased his land to the defendant to be mined for phosphate rock. By the terms of the contract, the defendant took over the mortgage of the plaintiff. Defendant then claimed the rock was exhausted and it had a right to cancel the contract and foreclose the mortgage.

Reference to a trust set-up as against Higbee School. Menager was on board of directors of said School. Hugh H. Higbee was admr. of will of Jenny M. Higbee, dec. Miss Higbee had previously served as Principal in seminary for young ladies in Memphis. No. 25, Shelby Chancery Docket. Additional defendants: G.W. Macrae, E.J. Carrington, O.B. Polk, all residents of Shelby Co., TN, and Higbee School (corporation).

After a load of coal was delivered from Memphis to Arkansas at $1.25 per ton, the railway agent demanded an addition 75 cents per ton for the tariff rate, which they had not explained to the purchaser. The coal company had to take the loss, which they blamed on the error in communication by the agent.

Plaintiff appealing a $200 judgment won against it by Tennessee Lumber Co. in a lawsuit for breach of contract. Defendant originally contracted to purchase 12,000 feet of gum flooring from plaintiff, with stipulation that the lumber must be completely dry. Instead the lumber received was not dried enough to be used for its intended purpose. Defendant had to pay damages to contractor & contractor's employer as well as freight charges for the unsuitable lumber.

Plaintiff charges that on Oct. 1903 it contracted with defendant to have 21 bales of cotton shipped to it from Senatobia, MS by T. Frost Barrett, but instead received only 3 bales. sued to collect $1474.25, the value of the undelivered cotton plus interest. Defendants say destination of cotton was changed by Barrett before shipment could be made. Cotton delivered instead to Godfrey Frank & Co.