Milburn Manufacturing Co. v. Peak
Texas Supreme Court
Question certified by Court of Civil Appeals for Second District, in an appeal from Tarrant County. The facts in litigation are given by the appellee as follows: “Hood & Co. were indebted to appellee for rent in the sum of $170 for the storehouse in which the buggies involved were stored, and in payment of same sold to appellee for the sum of $210 the vehicle in question, of which forty dollars was paid in cash and the balance by credit upon the account.
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Question certified by Court of Civil Appeals for Second District, in an appeal from Tarrant County. The facts in litigation are given by the appellee as follows: “Hood & Co. were indebted to appellee for rent in the sum of $170 for the storehouse in which the buggies involved were stored, and in payment of same sold to appellee for the sum of $210 the vehicle in question, of which forty dollars was paid in cash and the balance by credit upon the account. Afterward the Milburn Mfg. Co. sued Mrs. Peak (appellee) for conversion of the buggy, claiming under the contract in question (see opinion)…
1Opinion of the Court
DENMAN, Associate Justice.
The Court of Civil Appeals have certified to us the question, “Whether the contract hereinafter set out had the effect of merely making Hood & Co. the factors of appellant, or whether they thereby became the vendees of appellant; that is to say, whether the contract should be construed on its face as one of consignment merely, or one of sale.” The contract referred to in the above certificate is in substance as follows:
“This agreement between Milburn Mfg. Co., party of first part, and Hood & Co., party of second part, witnesseth: (1) That first party agrees to…
2Cases cited1 opinion
- Harling v. CreechTexas Supreme Court · 1895
3Cited by27 opinions
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- Welch v. Phelps & Bigelow Wind Mill Co.Texas Supreme Court · 1896
- Falls Rubber Co. v. La FonTexas Commission of Appeals · 1923
- Stein Double Cushion Tire Co. v. Wm. T. Fulton Co.Court of Appeals of Texas · 1913
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