Gregg & Co. v. Fitzhugh
Texas Supreme Court
Error from Collin. Tried below before the Hon. W. H. Andrews. This case was tried below in 1870, before the revenue stamp questions were regarded as settled by this court. The defendant demurred to the plaintiff’s evidence, and the court below rendered judgment for the defendant; but the rulings of this court do not necessitate a detail of the matters proved.
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Error from Collin. Tried below before the Hon. W. H. Andrews. This case was tried below in 1870, before the revenue stamp questions were regarded as settled by this court. The defendant demurred to the plaintiff’s evidence, and the court below rendered judgment for the defendant; but the rulings of this court do not necessitate a detail of the matters proved. The written instrument was a receipt for the money advanced by the plaintiffs to the defendant, and contained also the latter’s undertaking to deliver the flour at Marshall within limited times. Only two cents revenue stamps were affixed…
1Opinion of the CourtWalker, J.
This action is brought to recover a large sum of money advanced by the plaintiffs in error, to the defendant, on a contract wherein it is alleged the defendant undertook and promised to deliver at Marshall, Texas, flour to the value of the amount advanced, to wit, three thousand seven hundred and fifty dollars, at the rate of five dollars and fifty cents per hundred pounds.
The plaintiff is entitled to recover, in this action, the money advanced, with lawful interest; or, if he pursues his remedy for damages, the measure of damage would be the highest market price of flour, at Marshall, at any…
2Cases cited1 opinion
- Cavasos v. GonzalesTexas Supreme Court · 1870