Dempster Mill Mfg. Co. v. Humphries
Court of Appeals of Texas
Appeal from Reeves County Court; Jas. F. Ross, Judge. Action by the Dempster Mill Manufacturing Company against E. A. Humphries. Judgment for defendant, and plaintiff appeals.
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Appeal from Reeves County Court; Jas. F. Ross, Judge. Action by the Dempster Mill Manufacturing Company against E. A. Humphries. Judgment for defendant, and plaintiff appeals. Appellant, Dempster Mill Manufacturing Company, brought this suit to recover against appellee on two promissory notes in the sum of $464.76 each, payable at Toyah, Tex., with interest, less credits aggregating $805, and to foreclose an alleged chattel mortgage lien upon a Dempster irrigation pumping plant or machine, with its equipment, alleged to be of the value of $750. Appellee pleaded general demurrer, special…
1Opinion of the CourtWalthall, J.
[1] The several letters of Humphries to the company clearly show a ratification of the contract of purchase of the pumping plant described in the order. We think it is quite clear also that, while Humphries.refused to accept the plant under the first order, made at Sentinel, Okl., and the final consummation of the sale and delivery of the pumping plant, the execution of the notes and mortgage took place at Toyah, Tex., the transaction, as we construe it, was really an adjustment and conclusion of the sale commenced, but left undetermined by his refusal to accept the plant under his first…
2Cases cited3 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- L. Miller & Co. v. GoodmanTexas Supreme Court · 1897
- Drinkard v. BarnettCourt of Appeals of Texas · 1897
3Cited by1 opinion
- Phelps v. Jesse French & Sons Piano Co.Court of Appeals of Texas · 1933