Legal Opinion

American Ry. Express Co. v. Voelkel

Court of Appeals of Texas

Decided December 10, 1921No. 8606. [fn*]PublishedCited by 2 opinions

Appeal from District Court, Collin County; F. E. Wilcox, Judge. Action by the American Railway Express Company against L. C. Voelkel.. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

VAUGHAN. J.

Appellant (plaintiff in trial court) filed its suit on August 19, 1920, in which it pleaded that defendant, appellee herein, purchased through Thomas Gavin on August 25,1919, from the Continental Supply Company, certain machinery, consisting of one Lucy Special flat top rotary, with fixtures f. o. b. Houston, Tex., for sum of $1,-080, which was its value at f. o. b. Houston, Tex., for shipment to Burkbumett, Tex., and said supply company delivered all of said machinery to defendant, and that defendant duly accepted same, and refused to pay for same, or any part thereof, to…

2Cases cited17 opinions

  1. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
  2. Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
  3. Reed v. BrewerTexas Supreme Court · 1896
  4. Robinson & Martin v. Houston & Texas Central RailroadTexas Supreme Court · 1912
  5. Frech v. LewisSupreme Court of Pennsylvania · 1907

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3Cited by2 opinions

  1. Merryman v. First Nat. Bank of TerrellCourt of Appeals of Texas · 1926
  2. American Railway Express Co. v. VoelkelTexas Commission of Appeals · 1923

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