Legal Opinion

Texas & N. O. R. Co. v. Weems

Court of Appeals of Texas

Decided March 18, 1914PublishedCited by 5 opinions

Error to District Court, Cherokee County; Jas. I. Perkins, Judge. Action by J. B. Weems and others against the Texas & New 'Orleans Railroad Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the CourtWillson, C. J.

The suit was by defendants in error to recover the value of certain peaches which, they alleged, were lost to them because of a breach by plaintiff in error of its contract to furnish them refrigerator cars in which to ship same to a market. A trial before the court without a jury resulted in a judgment in favor of defendants in error for the sum of $800.

[1] One of the defendants in error testified that plaintiff in error failed for three days to furnish them cars, as it had agreed to, and that during that time 4,000 or 5,000 crates of their peaches fell off the trees, decayed, and so were…

2Cited by5 opinions

  1. Iley v. HughesTexas Supreme Court · 1958
  2. Texas Employers' Insurance v. LightfootTexas Supreme Court · 1942
  3. Phoenix Assurance Co. of London v. StobaughTexas Supreme Court · 1936
  4. Davis v. MorrisTexas Commission of Appeals · 1925
  5. Iley v. HughesTexas Supreme Court · 1958

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