Legal Opinion

Tyler Box & Lumber Mfg. Co. v. City Nat. Bank of Paris

Court of Appeals of Texas

Decided March 16, 1916No. 1587Published

Error from District Court, Lamar County; A. P. Dolioney, Judge. Action by the Tyler Box & Lumber Manufacturing Company against City National Bank of Paris, Tex., and T. J. Record. Judgment for defendant bank, and the plaintiff brings error. Plaintiff in error, the Tyler Box & Lumber Manufacturing Company, which will be called the “Tyler Company,” was engaged in the business of manufacturing and selling egg cases, etc., at Tyler, Tex.

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Error from District Court, Lamar County; A. P. Dolioney, Judge. Action by the Tyler Box & Lumber Manufacturing Company against City National Bank of Paris, Tex., and T. J. Record. Judgment for defendant bank, and the plaintiff brings error. Plaintiff in error, the Tyler Box & Lumber Manufacturing Company, which will be called the “Tyler Company,” was engaged in the business of manufacturing and selling egg cases, etc., at Tyler, Tex. The Paris Box & Manufacturing Company was engaged in the same business at Paris, Tex. In 1911 the last-mentioned company became bankrupt and its manufacturing…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). The negotiations resulting, as claimed by the bank and Record, in the modification, as alleged by them, of the contract sued upon, were between Record, representing the bank, and John M. Wright, representing the Tyler Company. Record testified that the change was agreed upon February 28, 1914, after he and Wright had adjusted accounts existing between the bank and the Tyler Company growing out of another contract between them.

He further testified:

“The egg-case business was getting late, the season was far advanced on the last day of February, and we talked…

2Cases cited12 opinions

  1. Bowman v. WrightNebraska Supreme Court · 1902
  2. Terrell, Atkins Harvin v. ProctorCourt of Appeals of Texas · 1915
  3. Hambel v. HambelSupreme Court of Iowa · 1899
  4. Wisconsin Sulphite Fibre Co. v. D. K. Jeffris Lumber Co.Wisconsin Supreme Court · 1907
  5. City of Fort Madison v. MooreSupreme Court of Iowa · 1899

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