Early-Foster Co. v. A. P. Moore's Sons, Inc.
Court of Appeals of Texas
Appeal from District Court, Smith County; J. R. Warren, Judge. Action by A. P. Moore’s Sons, Incorporated, against the Early-Foster Company. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Smith County; J. R. Warren, Judge. Action by A. P. Moore’s Sons, Incorporated, against the Early-Foster Company. Judgment for plaintiff, and defendant appeals. Appellee, A. P. Moore’s Sons, incorporated and doing business as wholesale grocers, with principal office at Tyler in Smith county, Tex., brought the suit again appellant, the Early-Foster Company, incorporated and engaged in the business of brokerage and buying and selling merchandise, with principal office in Waco, McLennan county, Tex. The action is to recover damages on account of the alleged breach of…
1Opinion of the CourtDevy, J.
(after stating the facts as above). Error is predicated upon the refusal of the court to give both the requested (1)special charge peremptorily instructing the jury to return a verdict in favor of the defendant, and (2) the special issue as follows:
“Did the plaintiff agree to deliver in Detroit, Mich., the car of sugar described in the plaintiff’s petition?”
The propositions relied upon by the appellant are:(1) The evidence without conflict showing that the appellee shipped the car of sugar to its own order Detroit, Mich., notify the Polish Co-operative Grocery Company, the title and…
2Cases cited5 opinions
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Robinson & Martin v. Houston & Texas Central RailroadTexas Supreme Court · 1912
- Keel & Son v. Gribble-Carter Grain Co.Court of Appeals of Texas · 1911
- Andrews v. RiceCourt of Appeals of Texas · 1917
- Burton v. Nacogdoches Crate & Lumber Co.Court of Appeals of Texas · 1913
3Cited by1 opinion
- Wilson & Co. v. Fremont Cake & Meal Co.District Court, D. Nebraska · 1948