Legal Opinion

Arthe-Levy-Bernhard Co. v. McBurnett

Court of Appeals of Texas

Decided May 24, 1916No. 5634Published

Error from Tom Green County Court; Oscar Prink, Judge. Action by the Arthe-Levy-Bernhard Company against C. C. McBurnett. Prom a judgment for defendant, plaintiff brings error.

1Opinion of the CourtRice, J.

This suit was brought by plain-

tiff in error, a private corporation, against defendant in error, on a certified account to recover the sum of $4,66.50, for a shipment of umbrellas, made by it to him on the 23d of November, 1912. Defendant in error interposed first the two-year statute of limitation, and for special defense alleged: (a) That said shipment was to be delivered within a specified time, to wit, on or about the 1st of November, 1912, or, in any event, in ample time for defendant to have same on display in his store in San Angelo during the entire holiday season, and that the same…

2Cases cited8 opinions

  1. Brantley v. ThomasTexas Supreme Court · 1858
  2. Hess v. WebbTexas Supreme Court · 1909
  3. Garrison v. Ochiltree CountyCourt of Appeals of Texas · 1908
  4. Willis v. HatfieldCourt of Appeals of Texas · 1911
  5. Stephenville Oil Mill v. McNeillCourt of Appeals of Texas · 1909

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