Hearne v. Garrett
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. John B. Rector. Bumforrl B. Garrett sued G. W. Hearne, in the District Court of Bobertson county, for damages on a breach of contract. Garrett alleged that in January, 1874, he contracted with Hearne to secure and bring from Alabama to Texas, for Hearne, a number of farm hands, for the ensuing year.
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Appeal from Robertson. Tried below before the Hon. John B. Rector. Bumforrl B. Garrett sued G. W. Hearne, in the District Court of Bobertson county, for damages on a breach of contract. Garrett alleged that in January, 1874, he contracted with Hearne to secure and bring from Alabama to Texas, for Hearne, a number of farm hands, for the ensuing year. Garrett was to superintend the farm and the hands for the year, and was to run as engineer Hearne’s steam-gin while ginning out the crop of -1873; that for this service Hearne was to pay all the expenses of the journey to and return from Alabama,…
1Opinion of the Court
Moore, Associate Justice.
Where one is employed to perform some stipulated work, or to labor for a specific period of time, and, after part performance of the contract on his’ part, he is wrongfully prevented -from completing the work contracted for, or laboring for the full period of time *625stipulated, it seems fully settled that the employee may treat the contract as abandoned, and sue for the reasonable value of the labor performed or service actually rendered. Where a contract has been wrongfully and without sufficient cause broken or annulled by one party, it may be disregarded by the…
2Cases cited3 opinions
- Waco Tap Railroad v. ShirleyTexas Supreme Court · 1876
- D. & R. Meade v. RutledgeTexas Supreme Court · 1853
- Hassell v. NuttTexas Supreme Court · 1855
3Cited by21 opinions
- Howell v. KellyCourt of Appeals of Texas · 1976
- Rogers v. McGuffeyTexas Supreme Court · 1903
- Texas Associates, Inc. v. Joe Bland Const. Co.Court of Appeals of Texas · 1949
- Crews v. CortezTexas Supreme Court · 1908
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
16 more not listed; retrieve them via the Exa API.