Turner v. Strange
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John R. Kennard. Suit for damages for breach of contract. The plaintiff, A. B. Strange, contracted with W. P. Turner for a certain tract of land for one year, the terms being, one-third of the corn and one-fourth of the cotton to be paid to Turner as rent for the year.
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Appeal from Houston. Tried below before the Hon. John R. Kennard. Suit for damages for breach of contract. The plaintiff, A. B. Strange, contracted with W. P. Turner for a certain tract of land for one year, the terms being, one-third of the corn and one-fourth of the cotton to be paid to Turner as rent for the year. Turner agreed to build a cistern on the place, but there was a conflict of evidence as to whether this agreement was a part of the original contract; and whether or not it was absolute, or conditioned on his obtaining the guaranty of the builder who should be employed that the…
1Opinion of the Court
Bonner, Associate Justice.
I. The testimony of the witnesses Brazil© and White, as shown by bill of exceptions, not only included the question of their opinion as to the amount of damages resulting directly from the alleged failure of appellant Turner to furnish the cistern, but also indirect damages to the crop of appellee Strange. We are of opinion that the testimony did not come within the exceptions to the general rule that witnesses must state facts, not draw conclusions or give opinions. Clardy v. Callicoate, 24 Tex., 170.
Such exceptions ought not to be extended or enlarged so as to…
2Cases cited2 opinions
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Clardy v. CallicoateTexas Supreme Court · 1859
3Cited by9 opinions
- Hardin v. StateCourt of Criminal Appeals of Texas · 1899
- Phoenix Furniture Co. v. McCrackenCourt of Appeals of Texas · 1928
- Moore v. ColemanCourt of Appeals of Texas · 1917
- Missouri, K. & T. Ry. Co. v. GilcreaseCourt of Appeals of Texas · 1916
- Jefferson Cotton Oil & Fertilizer Co. v. CongletonCourt of Appeals of Texas · 1914
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