Houston & Texas Central Railway Co. v. Mitchell
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. The appellee sued for the entire contract price of two hundred tons of prairie hay, at $22.50 coin per ton, alleged by him to have been cut and stacked in fulfillment of his contract, and tendered for delivery to appellant’s agent and by him refused, and which was never received or used by appellant. The contract will be found copied at length in the opinion of the court.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. The appellee sued for the entire contract price of two hundred tons of prairie hay, at $22.50 coin per ton, alleged by him to have been cut and stacked in fulfillment of his contract, and tendered for delivery to appellant’s agent and by him refused, and which was never received or used by appellant. The contract will be found copied at length in the opinion of the court. The petition alleged that appellee, in good faith, carried out the contract, by buying a mowing machine and employing a large number of laborers to cut the hay…
1Opinion of the CourtWalker, J.
This is a suit brought to recover the entire contract price of two hundred tons of hay, upon the contract of which the following is a copy:
“ I propose to cut and place in ricks or stacks, for the H. & T. C. R. W., prairie hay, not to exceed two hundred tons, at points along the line of said road adja*94cent to the place where the hay may be cut, at twenty-two and one-half dollars coin per ton, payments to be made by said company as each twenty-five tons of hay is cut.
“ The above proposition is made for your acceptance or rejection, as agent of the Houston and Texas Central Bailway Company.
“…
2Cases cited3 opinions
- Robinson v. VarnellTexas Supreme Court · 1856
- Jones v. PattenIndiana Supreme Court · 1851
- Cincinnati & Chicago Air Line Railroad v. RodgersIndiana Supreme Court · 1865
3Cited by31 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
- Fowler Utilities Co. v. GrayIndiana Supreme Court · 1907
26 more not listed; retrieve them via the Exa API.