Smith v. Duncan
Texas Commission of Appeals
Error to Court of Civil Appeals of Third Supreme Judicial District. Action by E. M. Duncan against Charles B. Smith. Judgment for plaintiff was affirmed by the Court of Civil Appeals (167 S. W. 233), and defendant brings error.
1Opinion of the CourtMontgomery, P. J.
P. M. Duncan
brought this suit against Charles B. Smith. The suit grows out of a contract between the parties by which Duncan sold and delivered to Smith 1,188 bales of cotton. Eor convenience the parties will be designated as plaintiff and defendant as they appeared in the trial court.
The plaintiff, (Duncan, alleged that on November 11, 1912, a contract was entered into between the plaintiff and the defendant by which it was agreed that the plaintiff should sell and deliver to the defendant, and that the defendant should buy, certain cotton; that the agreement was that the cotton should be…
2Cases cited3 opinions
- Cleveland & Cameron v. HeidenheimerTexas Supreme Court · 1898
- Bewick v. ButterfieldMichigan Supreme Court · 1886
- Power State Bank v. CarverCourt of Appeals of Texas · 1912
3Cited by13 opinions
- Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- National Union Fire Ins. Co. of Pittsburgh v. California Cotton Credit Corp.Court of Appeals for the Ninth Circuit · 1935
- Southern Disposal, Inc. v. City of Blossom, Texas Court of Appeals, 6th District (Texarkana)2005
- H. Seay & Co. v. MooreTexas Commission of Appeals · 1924
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