Legal Opinion

Fulshear v. Randon

Texas Supreme Court

Decided July 1, 1857PublishedCited by 15 opinions

Appeal from Fort Bend. Tried below before the Hon. James H. Bell. Suit by appellant against appellee, alleging that on the 8th day of November, 1854, the defendant, one M. Ware, and plaintiff, made an agreement in writing whereby each of said parties bound himself to contribute five bales of cotton, of good middling quality, of 500 lbs. each, or in lieu thereof $250, to form a purse to be run for by two year old colts, the distance of one mile, at the track of the plaintiff…

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Appeal from Fort Bend. Tried below before the Hon. James H. Bell. Suit by appellant against appellee, alleging that on the 8th day of November, 1854, the defendant, one M. Ware, and plaintiff, made an agreement in writing whereby each of said parties bound himself to contribute five bales of cotton, of good middling quality, of 500 lbs. each, or in lieu thereof $250, to form a purse to be run for by two year old colts, the distance of one mile, at the track of the plaintiff in the county aforesaid on the 15th day of November, A. D. 1855 ; and that each of said parties bound himself to-…

1Opinion of the CourtWheeler, J.

In order to bind a party to a written contract or ageeement, it is not necessary that his signature should appear at the end oí it. If .he writes his name in any part of the agreement, it may be taken as his signature, provided it was there written for the purpose of giving authenticity to the instrument, and thus operating as a signature. (2 Parsons on Con. 287.) In Johnson v. Dodson, (2 M. & W. 653,) where the question was whether there was a signing by the party, within the provision of the Statute of Frauds, Lord Abinger said, “ The cases have decided, that, although the signature be in…

2Cases cited1 opinion

  1. Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816

3Cited by15 opinions

  1. State v. HillNebraska Supreme Court · 1896
  2. Bocchi Americas Associates, Inc. v. Commerce Fresh Marketing, Inc.Court of Appeals for the Fifth Circuit · 2008
  3. Lawson, Guardian v. Estate of DawsonCourt of Appeals of Texas · 1899
  4. Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
  5. Nelson v. StateCourt of Criminal Appeals of Texas · 1903

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