Raymond v. Yarrington
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. Raymond sued Yarrington and others, and appealed from a judgment for defendants. On its affirmance he obtained writ of error.
1Opinion of the Court
The contract between the plaintiff in this case and Yarrington and Harwood contains this stipulation: "We specially agree and bind ourselves not to enter into or conduct a milling agency business in the city of Austin or the territory above designated without the written permission of J.H. Raymond, Jr., or his assigns," and we are inclined to think that the right of recovery under the allegations of the petition depends upon the construction of this part of the contract. Since the question of its construction was not discussed in the argument, we refer the case back to the counsel for both…
2Cited by107 opinions
- MBM Financial Corp. v. Woodlands Operating Co.Texas Supreme Court · 2009
- Browning-Ferris, Inc. v. ReynaTexas Supreme Court · 1994
- Holloway v. SkinnerTexas Supreme Court · 1995
- Texas Disposal Systems Landfill, Inc. v. Waste Management Holdings, Inc., Texas Court of Appeals, 3rd District (Austin)2007
- Clements v. WithersTexas Supreme Court · 1969
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