Garner v. Beaumont Cotton Oil Mill Co.
Court of Appeals of Texas
Appeal from District Court, Jefferson County; W. IT. Davidson, Judge. Suit by C. R. Garner & Co. against the Beaumont Cotton Oil Mill Company, in which defendant filed a cross-action against plaintiff. From the judgment rendered, plaintiff appeals.
1Opinion of the CourtHightower, C. J.
The nature and result of this suit is succinctly stated in appellant’s brief, and that statement is conceded by appellee to be correct. It is substantially as follows: i
This suit was instituted by the appellant, C. R. Garner & Co., against the appellee, Beaumont Cotton Oil Mill • Company, in the district court of Jefferson county, to recover damages for a claimed anticipatory breach of contract to deliver 500 tons of cotton seed cake; it being alleged that at the time of such breach such cake was worth $7 more per ton than the contract price, and plaintiff claimed damages in the sum of $3,500.
2Cases cited9 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Dingley v. OlerSupreme Court of the United States · 1886
- Smoot's CaseSupreme Court of the United States · 1873
- Kilgore v. Northwest Texas Baptist Educational Ass'nTexas Supreme Court · 1896
- Greenwall Theatrical Circuit Co. v. MarkowitzTexas Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First Nat. Bank of Amarillo v. RushCourt of Appeals of Texas · 1921
- United Sales Company v. Curtis Peanut Co.Court of Appeals of Texas · 1957
- Texas Mut. Life Ins. Ass'n v. BoydCourt of Appeals of Texas · 1935