Legal Opinion

Dallas Waste Mills v. Texas Cake & Linter Co.

Texas Commission of Appeals

Decided March 2, 1921No. 195-3251PublishedCited by 6 opinions

Error to Court of Civil Appeals of Fifth Supreme Judicial District. Action by the Dallas Waste Mills against the Texas Cake & Linter Company. Judgment for defendant was affirmed by the Court of Civil Appeals (204 S. W. 868), and plaintiff brings error.

1Opinion of the CourtMcCLENDON, P. J.

Dallas Waste Mills, as plaintiff, brought this suit against defendant, Texas Cake & Linter Company, to recover damages for alleged breach of a contract under which defendant bound itself to deliver to the plaintiff during the months of May and June, 1915, 600 bales of cotton linters of an agreed quality. With the exception of 61 bales which were tendered to and accepted by plaintiff on July 23, 1915, defendant tendered to plaintiff during the contract period the quantity of linters contracted for, all of which were accepted except 257 bales ; these being rejected by plaintiff on the ground…

2Cases cited12 opinions

  1. Hays v. HaysTexas Supreme Court · 1886
  2. Traylor v. TownsendTexas Supreme Court · 1884
  3. de Perez v. de EverettTexas Supreme Court · 1889
  4. Powell v. MesserTexas Supreme Court · 1857
  5. Ratto, Lang & Weinberger v. BluesteinTexas Supreme Court · 1892

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3Cited by6 opinions

  1. Knight v. International Harvester Credit Corp.Texas Supreme Court · 1982
  2. Owens v. Navarro County Levee Improvement District No. 8Texas Supreme Court · 1926
  3. Owens v. Navarro County Levee Improvement Dist. No. 8Court of Appeals of Texas · 1925
  4. Gulf, C. & S. F. Ry. Co. v. SaundersCourt of Appeals of Texas · 1927
  5. Casualty Insurance Co. of California v. SalinasTexas Supreme Court · 1960

1 more not listed; retrieve them via the Exa API.

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