McCown v. Schrimpf
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. On the 25th November, 1852, Isaac Thayer and J. W. MeCown made an agreement in writing, to the effect that the former would give the latter full possession of the Houston House, a hotel in the city of Houston, together with all the furniture belonging to Thayer, (and also the use of Mrs. Wilson’s furniture till the 15th of April then next) for which McCown agreed to pay Thayer $3000, as follows : release all…
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. On the 25th November, 1852, Isaac Thayer and J. W. MeCown made an agreement in writing, to the effect that the former would give the latter full possession of the Houston House, a hotel in the city of Houston, together with all the furniture belonging to Thayer, (and also the use of Mrs. Wilson’s furniture till the 15th of April then next) for which McCown agreed to pay Thayer $3000, as follows : release all mortgages and then pay such debts as Thayer should direct, to the full amount of said $3000. The proper construction of said…
1Opinion of the CourtWheeleb, J.
The charge of the Court very properly submitted to the jury the inquiry whether the plaintiff was a *27party, or assented, to the contract between the defendant and Thayer for the purchase of the property on which the plaintiff held the mortgage ; and the jury, we think, were warranted by the evidence in finding the affirmative, and that the sale was made upon the mutual understanding and agreement of all the parties. In that view, there can be no question of the correctness of the charge, upon the other questions embraced in it. Nor can there be a question as to the right of the plaintiff to…
2Cited by30 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- WM. Cameron & Co. v. American Surety Co. of New YorkTexas Commission of Appeals · 1932
- Republic Supply Co. v. WaggonerCourt of Appeals of Texas · 1926
- Mercantile National Bank v. McCullough Tool Co.Texas Supreme Court · 1953
- Strictland v. Higginbotham Bros. & Co.Court of Appeals of Texas · 1920
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