Legal Opinion

Houck & Dieter v. Anheuser-Busch Brewing Ass'n

Texas Supreme Court

Decided April 18, 1895No. 255PublishedCited by 17 opinions

Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. Justice Neill, of Court of Civil Appeals, did not sit in this case.

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Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. Justice Neill, of Court of Civil Appeals, did not sit in this case. The Anheuser-Busch Brewing Association, defendant in error, and plaintiff below, a foreign corporation domiciled at St. Louis, Mo., brought this suit in District Court of El Paso County, December 29, 1890, against A. L. Houck and J. P. Dieter, partners, under the name and style of Houck & Dieter, appellees in this court, but defendants in the court below. The suit was to recover the sum of $156.9.38 balanee due on two verified accounts for…

1Opinion of the Court

GAINES, Chief Justice.

—We concur in the conclusions of the Court of Civil Appeals in this case, except in one particular; and in view of the well considered opinion of that court, we deem it unnecessary to discuss any of the questions involved except that upon which we differ.

We think the contract between the plaintiffs in error, Houck & Dieter and.Howley and Schlpss, shows upon.its face a combination such as is prohibited by the act to define trusts, etc., approved March 30, 1889. For the reasons given by the Court of Civil Appeals, we also agree with them in holding that the act is not in…

2Cited by17 opinions

  1. Texas & Pacific Coal Co. v. LawsonTexas Supreme Court · 1896
  2. Texas Brewing Co. v. TemplemanTexas Supreme Court · 1896
  3. Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
  4. State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
  5. Climatic Air Distrib. of So. Tex. v. Climatic Air Sales, Inc.Texas Supreme Court · 1961

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