Legal Opinion

Shurter v. Butler

Court of Appeals of Texas

Decided June 6, 1906PublishedCited by 5 opinions

Appeal from the District Court of Harris County. Tried below before Hon. W. P. Hamblen.

1Opinion of the Court

REESE, Associate Justice.

M. Butler sued H. Shurter to recover $2,400.10 alleged to be due him by Shurter for bricks sold and delivered. Defendant Shurter answering admitted that he owed the amount stated, but pleaded in offset and reconvention damages growing out of a breach of the contract whereby Butler had agreed to sell and deliver the bricks within a limited time, which it was alleged he had failed to do.

Upon trial before a jury Butler -had a verdict for the amount claimed by him to be due, less $280, being a part of the damages claimed by defendant in his plea in reconvention. From this…

2Cases cited2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
  2. Gulf, Colorado & Santa Fe Railway Co. v. LoonieTexas Supreme Court · 1892

3Cited by5 opinions

  1. Long v. American Surety Co.North Dakota Supreme Court · 1912
  2. McKibbin v. PierceCourt of Appeals of Texas · 1916
  3. Southern Ferro Concrete Co. v. Federal Terra Cotta Co.Supreme Court of Florida · 1920
  4. Wright v. KingCourt of Appeals of Texas · 1929
  5. L. B. Menefee Lumber Co. v. Davis-Johnson Lumber Co.Court of Appeals of Texas · 1929

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