Legal Opinion

McElwrath Rogers v. Alexander

Court of Appeals of Texas

Decided February 10, 1923No. 10105. [fn*]PublishedCited by 4 opinions

Appeal from District Court, Hood County; J. B. Keith, Judge. Suit by Wood -R. Alexander against Mc-Elwrath & Rogers and another. From judgment for plaintiff, the named defendants appeal.

1Opinion of the CourtBuck, J.

This suit was filed by appellee here against W. A. Sims and F. P. MeEl-wrath and F. P. Rogers, alleged to compose the firm of McElwrath & Rogers. Plaintiff in one count of his petition' alleged that on the 20th of May, 1920, through his agent, J. M. Winfrey, he sold to defendants a tractor for $3,375, which each of defendants agreed to pay plaintiff, or his agent, Winfrey; that the defendants paid only $350, and the plaintiff prayed for a judgment for the balance due. In a second count plaintiff alleged that, if the plaintiff was mistaken in the allegation that plaintiff had sold the tractor…

2Cases cited5 opinions

  1. Moore v. KennedyTexas Supreme Court · 1891
  2. Bonner v. GlennTexas Supreme Court · 1891
  3. Creager v. DouglassTexas Supreme Court · 1890
  4. Bagley v. BrackCourt of Appeals of Texas · 1913
  5. Hickman v. WithersTexas Supreme Court · 1892

3Cited by4 opinions

  1. Snyder v. St. Paul Mercury Indemnity Co.Court of Appeals of Texas · 1945
  2. Waxahachie Nat. Bank v. HanesCourt of Appeals of Texas · 1932
  3. Mitchell v. Eagle Creek Oil Co.Court of Appeals of Texas · 1925
  4. Snyder v. St. Paul Mercury Indemnity Co.Court of Appeals of Texas · 1945

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