Barnes v. Early-Foster Co.
Court of Appeals of Texas
Appeal from District Court, McLennan County; H. M. Richey, Judge. Suit by the Early-Foster Company against M. S. Barnes. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtCobbs, J.
Appellee filed this suit to recover the sum of $900 from appellant, damages on account of his failure to deliver oats in accordance with the contract, thereby compelling appellee to go in the open market and buy. The case was tried without a jury and the court rendered judgment for appel-lee in the sum of $870. The suit is predicated upon two letters addressed by appellee to appellant, each dated May 23, 1919, and each marked “Accepted” over the signature of appellant at the bottom of the letters. We copy from each letter such parts as are deemed applicable, to wit:
The first letter says:
“This…
2Cases cited6 opinions
- Teel v. BlairCourt of Appeals of Texas · 1910
- Walker Grain Co. v. Denison Mill & Grain Co.Court of Appeals of Texas · 1915
- Ross v. MooreCourt of Appeals of Texas · 1916
- Meeks v. Holmes Commerce Co.Court of Appeals of Texas · 1913
- Kruegel v. Nash, District JudgeCourt of Appeals of Texas · 1902
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3Cited by9 opinions
- Ross & Sensibaugh v. McLellandCourt of Appeals of Texas · 1953
- Otto Goedecke, Inc. v. HendersonCourt of Appeals of Texas · 1965
- Nichols v. LorenzCourt of Appeals of Texas · 1922
- Kimball-Mathews Co. v. NagelCourt of Appeals of Texas · 1921
- Smith v. WhiteDistrict Court, E.D. Missouri · 1942
4 more not listed; retrieve them via the Exa API.