Fisher v. Dow Bros.
Texas Supreme Court
Appeal from Polk. Tried below before Hon. Edwin Hobby. November 29, 1884, Dow Bros., the appellees, brought suit against appellant Fisher and others to recover $250 and interest on an obligation made September 1, 1883, and due September 1, 1884, by Fisher to Mrs. H. E. Moore or order.
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Appeal from Polk. Tried below before Hon. Edwin Hobby. November 29, 1884, Dow Bros., the appellees, brought suit against appellant Fisher and others to recover $250 and interest on an obligation made September 1, 1883, and due September 1, 1884, by Fisher to Mrs. H. E. Moore or order. The obligation was to deliver to her 50,000 feet of first-class merchantable pine lumber, to be sawed by said Fisher in such quantities and dimensions as she might order, to be delivered on board cars at Fisher’s mill at Livingston as early as convenient after receipt of order therefor, etc. It was conceded that…
1Opinion of the Court
Gaines, Associate Justice.
Harriet E. Moore and her son Tom Moore conveyed to appellant a lot in the town of Livingston and a tract of land near the town of four acres, for which he executed a contract in the form of a promissory note for the delivery to Harriet Moore or order .50,000 feet of lumber on the 1st of September, 1884. Mrs. Moore transierred the obligation to her son, to whom Fisher delivered one-half of the lumber before the obligation became due. Tom Moore then assigned the contract to appellees. Fisher having declined to deliver the lumber the assignees brought this suit to…
2Cited by3 opinions
- Lang v. HarwoodCourt of Appeals of Texas · 1940
- Fidelity Lumber Co. v. BendyCourt of Appeals of Texas · 1922
- Hall v. McArthurSupreme Court of Georgia · 1889