Legal Opinion

Wright v. Calhoun

Texas Supreme Court

Decided July 1, 1857PublishedCited by 19 opinions

Appeal from Houston. Tried below before the Hon. John H. Reagan. On the 7th of October, 1850, Allen & Dexter recovered a judgment against Benjamin W. Wright, in the District Court of Houston County, for the sum of $602 and costs, on a note secured by mortgage on 4285 acres of land in said county, which was ordered to be sold to pay the judgment. The same mortgage secured a similar amount not yet due.

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Appeal from Houston. Tried below before the Hon. John H. Reagan. On the 7th of October, 1850, Allen & Dexter recovered a judgment against Benjamin W. Wright, in the District Court of Houston County, for the sum of $602 and costs, on a note secured by mortgage on 4285 acres of land in said county, which was ordered to be sold to pay the judgment. The same mortgage secured a similar amount not yet due. Wright was absent at the time in Kentucky, and was cited by publication, and judgment went by default; but no objection was made to the judgment. John Rogers was the agent of Wrightatthe time,…

1Opinion of the CourtWheeler, J.

It appears^ indisputably that Rogers bid off the property for Calhoun, pursuant to a previous understanding between them. The latter employed the former to purchase for him ; and thus constituted him his agent in making the purchase. It is immaterial what their private understanding was, as to the disposition of the property between themselves ; the later employed the instrumentality and agency of the former in making the purchase of the portion now claimed by him ; and the doctrine of principal and agent applies in its full force to the relation between them, as respects the purchase. It…

2Cited by19 opinions

  1. Carr v. Hunt, Texas Court of Appeals, 5th District (Dallas)1983
  2. Phenix Insurance v. P. J. Willis & Bro.Texas Supreme Court · 1888
  3. Mutual Reserve Lies Insurance v. SeidelCourt of Appeals of Texas · 1908
  4. Sargent v. BarnesCourt of Appeals of Texas · 1913
  5. Cravens v. WilsonTexas Supreme Court · 1877

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