Cleveland School Furniture Co. v. Hotchkiss
Texas Supreme Court
Error to Court of Civil-Appeals for Fifth District, in an appeal from Dallas County. This was a suit by Hotchkiss to recover from the Cleveland School Furniture Company of Ohio for commissions, alleged to have been earned in sales of school-house furniture.
Read the full summary
Error to Court of Civil-Appeals for Fifth District, in an appeal from Dallas County. This was a suit by Hotchkiss to recover from the Cleveland School Furniture Company of Ohio for commissions, alleged to have been earned in sales of school-house furniture. The contract under which commissions by the agent (the defendant in error) were claimed, and which is construed in the opinion, stipulated as follows: “This contract made and entered into this-day of July, 1892, between the Cleveland School Furniture Co., of Cleveland, Ohio, and Dallas. School Supply Co., of Dallas, Texas, witnesseth, that…
1Opinion of the Court
GAINES, Chiee Justice.
The plaintiff an error was a corporation- and was engaged in the manufacture and sale of school furniture. It. entered into a contract with the defendant in error, by which it engaged him to sell its products, in certain counties of the State of Texas, upon commission. The defendant in error was the plaintiff in the trial court, and brought this suit against plaintiff in error, the defendant below, to-recover commissions upon sales alleged to have been made in pursuance-of the contract.
The defendant in its answer denied all liability, and further pleaded in reconvention,…
2Cases cited3 opinions
- Moreland v. AtchisonTexas Supreme Court · 1857
- Moreland v. AtchisonTexas Supreme Court · 1859
- Charles Scheuber & Co. v. SimmonsCourt of Appeals of Texas · 1893
3Cited by1 opinion
- National Drill & Mfg. Co. v. DavisSupreme Court of Oklahoma · 1911