
    Jas. E. LINDSEY v. SMITH BROS. GRAIN CO.
    (No. 1902.)
    (Court of Civil Appeals of Texas. El Paso.
    Oct. 21, 1926.)
    Appeal from Haskell County Court; Jesse G. Poster, Judge.
    Brooks, Smith & Robinson, of Anson, for appellant. Smith & Smith, of Port Worth, and J. P. Kinnard, of Haskéll, for appellee.
   HIGGINS, J.

Appellee sued the appellant for damages occasioned by breach of contract for the sale of a carload of oats, and recovered judgment. The defendant appeals, assigning as error that the evidence is insufficient to establish the contract sued upon, in that the minds of the parties did not meet. This is a question of fact. The trial court found against appellant upon the issue, and the finding is abundantly supported by the evidence. This necessitates affirmance; and it is so ordered. Affirmed.  