Legal Opinion

Lewis v. Taylor

Court of Appeals of Texas

Decided May 8, 1918No. 6039Published

Appeal from Nueces County Court; David M. Picton, Jr., Judge. Action by A. S. Lewis against W. G. Taylor and others. Judgment for defendants, and plaintiff appeals. Reversed and remanded. On motion for rehearing.

1Opinion of the Court

FLY, O. J.

Appellant sought to recover of appellees the sum of $300, alleged to be due on a consignment of wheat shipped from Ft. Worth to Corpus Christi, Tex., on or about August 26, 1913. The original petition was filed on December 31, 1913. On September 27, 1915, appellant filed a second amended petition in lieu of a first amended petition which had been filed on September 25, 1917. The cause was tried on the second amended petition, in which it was alleged that the parties had dealt with each other as merchant and merchant, and that they had mutual current accounts with each other, and…

2Cases cited5 opinions

  1. Sandeguard Grocery Company v. ConleyCourt of Appeals of Texas · 1907
  2. Hughes Bros. Real Estate & Loan Ass'n v. SmithTexas Supreme Court · 1892
  3. Donada v. PowerCourt of Appeals of Texas · 1916
  4. Tinsley v. PennimanCourt of Appeals of Texas · 1894
  5. F. Groos & Co. v. BrewsterCourt of Appeals of Texas · 1903

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