Whitis v. Polk
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. This suit was instituted by Headley Polk, the appellee, on the 30tli of Hovember, 1867, against C. W. Whitis, the appellant.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. This suit was instituted by Headley Polk, the appellee, on the 30tli of Hovember, 1867, against C. W. Whitis, the appellant. The original petition of Polk alleged that about the — day of-, 1864, he entered into an agreement with Whitis by which he undertook to deliver to Whitis a quantity of cotton, to be transported to Mexico and there sold, or to be shipped to Liverpool, England, for sale, Whitis undertaking all expenses of transportation and shipment, and all costs and charges of sale and of remittance of proceeds to Texas.…
1Opinion of the CourtOgden, J.
This was an action brought by the appellee against the appellant, in 1867, to recover the price or value of a certain lot of cotton delivered to appellant in the early part of the year 1864, to be taken to market, to be sold by appellant. The cause was submitted to a jury in the' District Court, and a judgment rendered for the plaintiff below, and the defendant has brought the case to this court by an appeal.
The suit was instituted upon an alleged specific contract, and yet it is somewhat difficult to determine from the pleadings or evidence what that contract was, when entered into by the…
2Cases cited4 opinions
- Kottwitz v. Representatives of AlexanderTexas Supreme Court · 1869
- Hall v. KeeseTexas Supreme Court · 1868
- Prigeon v. SmithTexas Supreme Court · 1868
- Ransom v. AlexanderTexas Supreme Court · 1868
3Cited by3 opinions
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Stone v. RobinsonCourt of Appeals of Texas · 1915
- Alexander v. LewisTexas Supreme Court · 1877