Legal Opinion

Palestine Ice, Fuel & Gin Co. v. Walter Connally & Co.

Court of Appeals of Texas

Decided May 23, 1912PublishedCited by 25 opinions

Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by Walter Connally & Co. against the Palestine Ice, Fuel & Gin Company. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtWillson, C. J.

The appeal is from a judgment in favor of appellees against appellant for the sum of $1,102 as the damages suffered by the former because of a breach by the latter of its undertaking to receive and pay for certain machinery it had agreed to buy of appellees.

The contract breached by appellant was in writing, and in the form of an order for the machinery. So far as material to questions made, the order was as follows:

“Name of purchaser, Palestine Ice, Fuel & Gin Company. Factory order No. -. Entered Order Book, page-. Acknowledged to salesman,-. Acknowledged to purchaser 2/4/. Entd. 197.…

2Cases cited10 opinions

  1. Collier v. BettertonTexas Supreme Court · 1895
  2. E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
  3. Keeble v. KeebleSupreme Court of Alabama · 1888
  4. Smith v. NewellSupreme Court of Florida · 1896
  5. Tufts v. T. L. Lawrence & Co.Texas Supreme Court · 1890

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3Cited by25 opinions

  1. Stewart v. BaseyTexas Supreme Court · 1952
  2. Texas Seed & Floral Co. v. Chicago Set & Seed Co.Court of Appeals of Texas · 1916
  3. Stewart v. BaseyCourt of Appeals of Texas · 1951
  4. J. C. Engelman, Inc. v. Sanders Nursery Co.Court of Appeals of Texas · 1940
  5. Bowden v. Southern Rock Island Plow Co.Court of Appeals of Texas · 1918

20 more not listed; retrieve them via the Exa API.

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