Block, Oppenheimer & Co. v. Sweeney & Coombs
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. On the 1st day of November, 1883, the appellees, Sweenejr & Coombs, bought from J. S. Mills his entire stock of goods, store fixtures, etc., then in the store occupied by Mills, at Houston, Texas, and were at once placed in possession of the property purchased. 'Sweeney & Coombs, according to their testimony and that of their agent, paid $2,000 cash for the goods, and in addition obligated themselves for the…
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Appeal from Harris. Tried below before the Hon. James Masterson. On the 1st day of November, 1883, the appellees, Sweenejr & Coombs, bought from J. S. Mills his entire stock of goods, store fixtures, etc., then in the store occupied by Mills, at Houston, Texas, and were at once placed in possession of the property purchased. 'Sweeney & Coombs, according to their testimony and that of their agent, paid $2,000 cash for the goods, and in addition obligated themselves for the goods to pay L. J. Latham $2,523 owing him by Mills for rent of the store. On the evening of the day of the sale, Block,…
1Opinion of the Court
Stayton, Associate Justice.
The appellees claim to have purchased from J. S. Mills, on Hovember 1, 1883, his entire stock of goods for the sum of $4,500.
There is very considerable conflict in the evidence in reference to the value of the goods, varying from $4,500 to $15,000.
The evidence of the appellees themselves shows that they were intending and thought they were purchasing the goods at about half their cost. One of them stated that “ when goods were sold in bulk, as those were, fifty cents on the dollar is about as much as they ever sell for; ” thus attempting to show what the fair market…
2Cases cited3 opinions
- Chandler v. MecklingTexas Supreme Court · 1858
- Humphries v. FreemanTexas Supreme Court · 1858
- Blum v. Thomas & GermanyTexas Supreme Court · 1883
3Cited by5 opinions
- Drake v. StateCourt of Appeals of Texas · 1890
- Alexander v. HarrisCourt of Appeals of Texas · 1923
- International & Great Northern Railroad v. AriasCourt of Appeals of Texas · 1895
- Armstrong v. Ames & Frost Co.Court of Appeals of Texas · 1897
- Mutual Life Insurance Co. of New York v. HaywardTexas Supreme Court · 1895