Houston & Texas Central Railroad v. Houx & Co.
Court of Appeals of Texas
Appeal from the County Court of Waller. Tried below before Hon. A. G. Lipscomb.
1Opinion of the Court
WILLIAMS, Associate Justice.
If it be conceded that the bill of lading, showing no routing of the carload of melons, was the exclusive evidence of the contract, and that, under it, the defendant was entitled to choose the route, and that paroi evidence was inadmissible to show a verbal contract to send the car over a particular road, the judgment must still be affirmed. Under the contract, evidenced by the bill alone, the defendant could not select a route which it knew to be so obstructed by the strike that delivery could not be made over it, when there was, open and unobstructed, another…
2Cited by2 opinions
- Allan v. AllanArizona Supreme Court · 1919
- Glenn v. HollumsCourt of Appeals of Texas · 1934