Puckett v. Wilson Bros. Mercantile Co.
Court of Appeals of Texas
Appeal from District Court, McLennan . County; H. M. Richey, Special Judge. Suit by the Wilson Bros. Mercantile Company against W. M. Puckett. From judgment for plaintiff, defendant dppeals. The suit was by appellee against appellant for damages for breach of a contract as follows: “State of Texas, County of McLennan. This contract made and entered into this April 18, 1916, by and between Wilson Bros. Merc.
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Appeal from District Court, McLennan . County; H. M. Richey, Special Judge. Suit by the Wilson Bros. Mercantile Company against W. M. Puckett. From judgment for plaintiff, defendant dppeals. The suit was by appellee against appellant for damages for breach of a contract as follows: “State of Texas, County of McLennan. This contract made and entered into this April 18, 1916, by and between Wilson Bros. Merc. Co. of Mart, Texas, party of the first part, and W. M. Puckett, party of the second part, wit-nesseth: That W. M. Puckett has this day sold to Wilson Bros. Merc. Co. 30 bales of cotton at…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). A contention presented by four of the five assignments is that the undertaking declared on was a gambling contract in vior lation of law. It is insisted that, because it was,such a contract, the trial court erred when he overruled the exceptions to appel-lee’s petition, and when he refused to instruct the jury to find in appellant’s favor.
[1] The claim that the contract was illegal is predicated on the Act April 10, 1907 (General Laws, p. 172; Vernon’s Penal Code, arts. 538 to 547). Provision is made in section 6 of said act for punishment of…
2Cases cited5 opinions
- Seeligson v. Lewis & WilliamsTexas Supreme Court · 1885
- Davis v. VoriesSupreme Court of Missouri · 1897
- Raby v. Frank, Herman & Co.Court of Appeals of Texas · 1896
- Perryman v. WolffeSupreme Court of Alabama · 1890
- Pate v. Wilson Bros. Mercantile Co.Court of Appeals of Texas · 1918
3Cited by2 opinions
- Fenter v. RobinsonCourt of Appeals of Texas · 1921
- McWhorter v. Scales & DuvallCourt of Appeals of Texas · 1927