Legal Opinion

Pennsylvania Rubber Co. v. McClain

Court of Appeals of Texas

Decided January 19, 1918No. 7868PublishedCited by 5 opinions

. Appeal from Ellis County Court; W. M. Tidwell, Judge. Action by the Pennsylvania Rubber Company against W. 6. McClain. From a judgment for plaintiff, and for defendant on ■ cross-action, plaintiff appeals.

1Opinion of the CourtTalbot, J.

The appellant sued the ap-pellee in the justice court of precinct No. 1 of Ellis county upon an account for $183.45. The appellee answered by general demurrer and general denial. Appellee also, by way of reconvention or cross-action against appellant, alleged in substance that the goods specified in the account sued on by appellant were sold and delivered to appellee upon a contract whereby appellant agreed with ap-pellee that if appellee would buy its goods appellant would not sell to any other person in the city of Waxahachie, and would allow appellee a commission-or discount of 17% per…

2Cases cited4 opinions

  1. Pecos & North Texas Railway Co. v. Canyon Coal Co.Texas Supreme Court · 1909
  2. Wood v. Texas Ice & Gold Storage Co.Court of Appeals of Texas · 1914
  3. Star Mill & Elevator Co. v. Ft. Worth Grain & Elevator Co.Court of Appeals of Texas · 1912
  4. Jersey-Creme Co. v. McDaniel Bros. Bottling Co.Court of Appeals of Texas · 1913

3Cited by5 opinions

  1. Hubb-Diggs Co. v. MitchellCourt of Appeals of Texas · 1921
  2. Great Atlantic & Pacific Tea Co. v. Jones Inv. Co.Court of Appeals of Texas · 1932
  3. Kissel Motor Car Co. v. WalkerCourt of Appeals for the Fifth Circuit · 1921
  4. Portland Gasoline Co. v. Superior Marketing Co.Court of Appeals of Texas · 1951
  5. Amarillo Oil Co. v. Ranch Creek Oil & Gas Co.Court of Appeals of Texas · 1925

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