Missouri, Kansas & Texas Railway Co. v. Withers
Court of Appeals of Texas
Appeal from Caldwell. Tried below before Hon. H. Teichmueller. The instructions requested by defendant and refused, referred to in the opinion and in the fourth assignment of error, were as follows: “First—Whether negotiation between plaintiff and defendant’s- agent concerning the shipment of cattle did or did not terminate in a binding verbal contract between the parties becomes immaterial, in this cause, by reason of the subsequent contract made by the parties, under the…
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Appeal from Caldwell. Tried below before Hon. H. Teichmueller. The instructions requested by defendant and refused, referred to in the opinion and in the fourth assignment of error, were as follows: “First—Whether negotiation between plaintiff and defendant’s- agent concerning the shipment of cattle did or did not terminate in a binding verbal contract between the parties becomes immaterial, in this cause, by reason of the subsequent contract made by the parties, under the undisputed evidence before you as to the execution of the said written contract, and you are instructed that its terms…
1Opinion of the Court
FISHEB,
Chief Justice.—This suit is by appellee against appellant to recover damages for the breach of a parol contract of the shipment of cattle to East St. Louis. The pleadings and facts are substantially the same as set out in the case of Railway v. Carter, 29 Southwestern Reporter, 565. The suit here was for $1759, and verdict and judgment was for $920.80. . .
We find the following facts: In May, 1892, appellee Withers and the appellant, through its agents, entered into a parol or verbal contract for shipment of the cattle in question, substantially as alleged by the plaintiff, whereby it…
2Cited by4 opinions
- Atchison, T. & S. F. Ry. Co. v. RobinsonSupreme Court of Oklahoma · 1912
- St. Louis, S. F. & T. Ry. Co. v. GilliamCourt of Appeals of Texas · 1914
- Atchison, T. & S. F. Ry. Co. v. WhiteCourt of Appeals of Texas · 1916
- Atchison, T. & S. F. Ry. Co. v. WhiteCourt of Appeals of Texas · 1916