Legal Opinion
Davis v. Tex-O-Kan Flour Mills Co.
Court of Appeals for the Fifth Circuit
Decided December 29, 1950No. 13152_1PublishedCited by 2 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
Brought by plaintiff, appellee, doing business in the State of Texas under a permit issued to it under the name of Burrus Feed Mills, the suit was against L. W. Miller on a verified account for $4543.07, and against L. G. Davis, as guarantor by written instrument. 1
Defendant Miller defaulting, there was a directed verdict and judgment against him.
Defendant Davis, appellant here, not denying the execution of the written instrument sued on, defended on the ground that the guarantee was a limited one, both as to the amount and the time of the credit to be extended, that…
2Cases cited9 opinions
- Lemp v. ArmengolTexas Supreme Court · 1894
- National Oil Works, Inc. v. Korn Bros.Supreme Court of Louisiana · 1927
- Austin v. Guaranty State Bank of CopperasCourt of Appeals of Texas · 1927
- Pittinger v. Southwestern Paper Co. of Fort WorthCourt of Appeals of Texas · 1941
- Brotherhood State Bank v. ChapmanWashington Supreme Court · 1927
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3Cited by2 opinions
- Nichols v. SealeCourt of Appeals of Texas · 1973
- Metro Building Companies v. RAM Buildings, Inc.Court of Appeals of Minnesota · 2010