Summers v. Mills
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Jas. H. Bell. On the 17th of June, 1854, S. H. Summers & Co., wrote a letter from La Grange, to Whitney, Fenns, Shaw & Co., Boston, as follows : Enclosed please find order for sundries, which we have taken the liberty of sending to your house. We are sending out our orders a little earlier than usual this season, so as to get them hauled from Houston at low freights. The firm of our house has formerly been Summers & Dabney.
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Appeal from Galveston. Tried below before the Hon. Jas. H. Bell. On the 17th of June, 1854, S. H. Summers & Co., wrote a letter from La Grange, to Whitney, Fenns, Shaw & Co., Boston, as follows : Enclosed please find order for sundries, which we have taken the liberty of sending to your house. We are sending out our orders a little earlier than usual this season, so as to get them hauled from Houston at low freights. The firm of our house has formerly been Summers & Dabney. Mr. D. having withdrawn, it now is S. H. Summers & Co. In regard to solvency we refer you to Messrs. Dana, Faran & Hyde,…
1Opinion of the CourtWheeler, J.
The defendants justified their detention of the goods on two grounds :
1st. That the contract of sale was not complete, and consequently the property in the goods did not vest in the plaintiff by the shipment of them.
2nd. That the sale was procured by the fraudulent representations of the plaintiff; and though complete, the vendors had the right to rescind it upon the discovery of the fraud, and reclaim the property. These were the grounds on which the defendants, in their answer, rested their defense, and it is upon one or both of them that the judgment must be maintained, if at all.
The…
2Cited by17 opinions
- South Texas Water Co. v. BieriCourt of Appeals of Texas · 1952
- Vratis v. BaxterCourt of Appeals of Texas · 1958
- Hutcherson v. CroninCourt of Appeals of Texas · 1968
- Godfrey v. Central State Bank of AbileneCourt of Appeals of Texas · 1928
- Garrett v. International Milling Co.Court of Appeals of Texas · 1949
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