Eddy & Bissell Live-Stock Co. v. Blackburn
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. Plaintiff in error is a corporation, chartered under the laws of the state of Colorado, engaged in the business of stock raising, with one of its ranches ■in Bailey county, Tex. The defendant in error is a resident citizen of Travis county, Tex., with a ranch in Castro county, Tex., some til) miles from the ranch of plaintiff in error.
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In Error to the Circuit Court of the United States for the Western District of Texas. Plaintiff in error is a corporation, chartered under the laws of the state of Colorado, engaged in the business of stock raising, with one of its ranches ■in Bailey county, Tex. The defendant in error is a resident citizen of Travis county, Tex., with a ranch in Castro county, Tex., some til) miles from the ranch of plaintiff in error. On the 23d day of August, 1893, plaintiff in error and defendant in error entered into a written agreement in the following terms: “State of Texas, County of Bailey. “This…
1Opinion of the CourtMcOORMIGK, Circuit Judge
(after stating tlie fads). The judge of the circuit court, in his charge to the jury, says that:
“Under the undisputed evidence In this case, the plaintiff committed a breach of the contract by his failure to pay, or offer to pay, to the defendant tlie contract price for the cattle upon their delivery to him as in tlie contract set forth.”
Such being tlie undisputed evidence in the case, it is clear to us that the suit oil the contract must fail, and the trial judge held, correctly, that the plaintiff “cannot recover any damages of the defendant in this suit.” The defendant in error, though lie…
2Cited by4 opinions
- Clifton v. WillsonMontana Supreme Court · 1913
- Gentry v. United StatesCourt of Appeals for the Eighth Circuit · 1900
- Sutton v. Pacific S. S. Co.District Court, W.D. Washington · 1924
- Castle v. PersonsCourt of Appeals for the Eighth Circuit · 1902