Hillyard v. Crabtree's Adm'r
Texas Supreme Court
Appeal from Austin. The deceased intestate had contracted, by an agreement in writing, to build a gin-house, running gear, cotton-press and grist-mill, for the appellant, for the sum of'five hundred and fifty dollars; the appellant to board said Crabtree and hands, and also to furnish a wagon, team and driver, nails, lumber, iron, &c.
Read the full summary
Appeal from Austin. The deceased intestate had contracted, by an agreement in writing, to build a gin-house, running gear, cotton-press and grist-mill, for the appellant, for the sum of'five hundred and fifty dollars; the appellant to board said Crabtree and hands, and also to furnish a wagon, team and driver, nails, lumber, iron, &c. Before the completion of the job, the deceased was, by sickness, disabled from its further prosecution, and left, declaring, according to the testimony of one of the witnesses, that he would not return and complete the work. He remained sick for some months; and…
1Opinion of the Court
Hemphill, Ch. J.
Various errors have been assigned, which it is not necessary to recapitulate, as the points, material to be considered, will be noticed without reference to the order in which they have been assigned.
The first assignment is error in overruling the demurrer. This does not require special notice. The principal ground on which the demurrer rests, is the supposed entirety of the contract, and the want of legal claim against the defendant, -from a performance which is only partial. This view was, however, not urged in the argument. It was, in effect, conceded that the plaintiff had…
2Cited by19 opinions
- Graves v. Allert FuessTexas Supreme Court · 1912
- McKnight v. RenfroCourt of Appeals of Texas · 1963
- Freeman v. Shannon Construction, Inc.Court of Appeals of Texas · 1978
- Duncan v. BakerSupreme Court of Arkansas · 1878
- Weis v. DevlinTexas Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.