Legal Opinion

Orange Lumber Co. v. Toole

Court of Appeals of Texas

Decided November 2, 1915No. 6936PublishedCited by 12 opinions

Appeal from District Court, Sabine County; A. E. Davis, Judge. Action by J. O. Toole against the Orange Lumber Company, which impleaded the American Lumber Company, and in which J. M. West was made a party defendant. Judgment for plaintiff against the Orange Lumber Company and J. M. West as its trustee jointly and severally, and in favor of such defendants over against their codefendant, and the defendants appeal.

1Opinion of the CourtLane, J.

This suit was brought by J. O. Toole, appellee, against the Orange Lumber Company, a defunct Texas corporation, in the district court of Sabine county on the 7th day of March, 1913, and for cause of action it was alleged that on the 25th day of May, 1910, defendant entered into an oral contract with plaintiff to buy from him 575,-240 feet of floating pine logs, and agreed that plaintiff should put the logs into Sabine river and that defendant would accept the logs in Sabine river, and defendant agreed to run and float said logs to Orange at their-own expense and have them scaled at Orange, as…

2Cases cited5 opinions

  1. National Bank v. ColbySupreme Court of the United States · 1875
  2. Kennedy v. BakerTexas Supreme Court · 1883
  3. Hunter v. HubbardTexas Supreme Court · 1863
  4. Receiver v. StantonTexas Supreme Court · 1894
  5. Terry v. Merchants' & Planters' BankSupreme Court of Georgia · 1880

3Cited by12 opinions

  1. Burkburnett Refining Co. v. IlsengTexas Supreme Court · 1927
  2. Evons v. WinklerCourt of Appeals of Texas · 1965
  3. Krueger v. YoungCourt of Appeals of Texas · 1966
  4. Lyon-Gray Lumber Co. v. Gibraltar Life Ins.Texas Commission of Appeals · 1925
  5. Farmers' Mill & Elevator Co. v. HodgesCourt of Appeals of Texas · 1923

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