S. A. Stone Co. v. Davis Moore
Court of Appeals of Texas
Appeal from District Court, Travis County; Chas. A. Wilcox, Judge. Action by S. A. Stone & Co. against Davis & Moore. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Travis County; Chas. A. Wilcox, Judge. Action by S. A. Stone & Co. against Davis & Moore. Judgment for defendants, and plaintiff appeals. On the 30th of April, 1910, the parties hereto entered into a written contract, whereby appellees agreed to sell and deliver to appellants 420 to 430 steers then located in the Richards and Caldwell pastures in Travis and Bastrop counties; Stone & Co. agreeing to pay therefor $52.50 per head for 400 head thereof and $40 per head for the remainder, deliveries to be made at any time between then and the 1st of July next thereafter.…
1Opinion of the CourtRice, J.
(after stating the facts as above). The trial court filed the following conclusions of law, which we adopt:
“(1) I conclude that the title to said cattle passed to the plaintiffs by the written contract executed by the parties on the 30th of April, 1910, and that the condition in said contract providing for the feeding of said cattle was an independent condition.
“(2) I conclude that, under the facts and circumstances of this case, the plaintiffs were not entitled to a rescission of said contract, and that, if they suffered any injury by reason of its breach, their proper remedy would be a suit…
2Cases cited10 opinions
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Hotchkiss v. HuntSupreme Judicial Court of Maine · 1860
- Puckett v. ReedSupreme Court of Arkansas · 1876
- Barker v. BushnellIllinois Supreme Court · 1874
- Midland National Bank v. StricklandCourt of Appeals of Texas · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- John E. Morrison & Co. v. MurffCourt of Appeals of Texas · 1919
- Roach v. Dickenson, Texas Court of Appeals, 11th District (Eastland)2001
- Pahl v. HansenCourt of Appeals of Texas · 1928