Texas & Pacific Railway Co. v. Arnett

SPEER, Associate Justice.

This is a suit by appellees against appellant to recover damages in the sum of $793, for alleged breach of contract to furnish four cars on November 1, 1903, for the shipment of 120 head of cattle from Stanton, Texas, to Los Angeles, California. The trial resulted in a verdict and judgment in favor of appellees for the amount sued for.

The case must be reversed because of the error of the court in submitting to the jury the issue whether or not appellant agreed to furnish the cars on November 1, since there is no evidence in the record which would justify the…