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