Texarkana Pipe Works v. Caddo Oil & Refining Co. of Louisiana
Court of Appeals of Texas
Appeal from District Court, Bowie County ; H. S’. O’Neal, Judge. Suit by the Caddo Oil & Refining Company of Louisiana against the Texarkana Pipe Works, in which the defendant interposed a plea in reconvention. Prom a judgment for plaintiff after the court peremptorily directed a verdict for plaintiff for the amount sued for and against the plea in reconvention, defendant appeals.
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Appeal from District Court, Bowie County ; H. S’. O’Neal, Judge. Suit by the Caddo Oil & Refining Company of Louisiana against the Texarkana Pipe Works, in which the defendant interposed a plea in reconvention. Prom a judgment for plaintiff after the court peremptorily directed a verdict for plaintiff for the amount sued for and against the plea in reconvention, defendant appeals. The appellee sued the appellant company to recover $-1,633.50 as the alleged contract price for 2,151 barrels of fuel oil sold and delivered from November 26, 1918, to December 17, 1918, and 2,121 barrels of fuel…
1Opinion of the CourtLevy, J.
(after stating the facts as above). It is chiefly to be determined on thib appeal whether or not the appellant failed to support the plea in reconvention by any such evidence as would authorize the jury to find for them on such plea. The first question arising, therefore, is, Did the appellant and appellee, pursuant to the stipulation in the contract, enter into a binding contract for the sale and purchase of fuel oil for the year 1918? The pertinent stipulation provides:
“In consideration of the purchase of residuum fuel oil by the buyer as above set forth, the seller hereby gives to the…
2Cases cited2 opinions
- Kingsville Cotton Oil Co. v. Dallas Waste MillsCourt of Appeals of Texas · 1919
- San Jacinto Oil Co. v. Texas Co.Court of Appeals of Texas · 1907
3Cited by6 opinions
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Dale Oil & Refining Co. v. City of TuliaCourt of Appeals of Texas · 1930
- McWhirter v. MorrowCourt of Appeals of Texas · 1947
- Mercantile Nat. Bank at Dallas v. ChanowskyCourt of Appeals of Texas · 1936
- Bridgeman v. Jefferson Amusement Co.Court of Appeals of Texas · 1947
1 more not listed; retrieve them via the Exa API.