Griffeth v. Hanks
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. R. S. Walker. Griffeth & Wedge sued Hanks & Collins on nine obligations, for the delivery of lumber, executed to one J. C. Seydel, for the purchase-money of a steam mill and fixtures, which were indorsed by Seydel to plaintiffs.
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Appeal from Cherokee. Tried below before the Hon. R. S. Walker. Griffeth & Wedge sued Hanks & Collins on nine obligations, for the delivery of lumber, executed to one J. C. Seydel, for the purchase-money of a steam mill and fixtures, which were indorsed by Seydel to plaintiffs. Defendants answered that the purchase by them was induced by the false representations to them, made by Seydel, that the mill was free from incumbrances, except in a small sum—about $600—which he would pay, when, in fact, the mill, &c., had been conveyed by Seydel, by deed of trust, to plaintiffs, before the sale to…
1Opinion of the Court
Moore, Associate Justice.
There is no error in the charge of the court of which appellant can justly complain. The material question in the case, on the issue of fraud, was not whether appellees had notice of the lien which appellant held upon the mill when appellees purchased it from Seydel, but whether or not the representations made to them by Seydel, in regard to this lien, were false, and fraudulently made for the pm’pose of inducing them to purchase the mill, and whether they were in fact deceived and misled by these representations. It is no answer to the charge made by appellees, that…
2Cited by6 opinions
- Moore v. BeaklexTexas Commission of Appeals · 1919
- Hall v. Grayson County National BankCourt of Appeals of Texas · 1904
- Hoyt v. First Nat. Bank of ChesterCourt of Appeals of Texas · 1922
- Dallas Joint Stock Land Bank of Dallas v. HarrisonCourt of Appeals of Texas · 1939
- Guardian Development Co. v. JonesCourt of Appeals of Texas · 1935
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