J. M. Abbott Oil Co. v. San Antonio Brewing Ass'n
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Harris County. The San Antonio Brewing Association sued the J. M. Abbott Oil Company on a contract to furnish fuel oil, and the United States Fidelity & Guaranty Company on a bond guaranteeing the performance of such contract. The latter company claimed that the bond had been altered without its authority so as to make it apply to the contract in question, it having been given to cover another.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Harris County. The San Antonio Brewing Association sued the J. M. Abbott Oil Company on a contract to furnish fuel oil, and the United States Fidelity & Guaranty Company on a bond guaranteeing the performance of such contract. The latter company claimed that the bond had been altered without its authority so as to make it apply to the contract in question, it having been given to cover another. The bond was not received in evidence, and plaintiff, who consequently recovered against the oil company but not against…
1Opinion of the CourtJustice Ramsey
The opinion of the Court of Civil Appeals for the Fourth Supreme Judicial District, as reported in 129 S. W., 373, states the case with sufficient fullness and particularity, except that it does not distinctly appear from that opinion that the bond executed by the United States Fidelity & Guaranty Company, dated March 3, 1906, on which a recovery is sought was not only not admitted in evidence, but was in terms by the trial court expressly excluded. In this state of the record it was improper that the Court ■ of Civil Appeals should have rendered judgment in favor of the defendant in error…
2Cases cited5 opinions
- Silliman v. GanoTexas Supreme Court · 1897
- Duncan v. MagetteTexas Supreme Court · 1860
- Patrick v. SmithTexas Supreme Court · 1896
- Bauman v. ChambersTexas Supreme Court · 1897
- Eidson v. ReederTexas Supreme Court · 1907
3Cited by6 opinions
- Transport Insurance Co. v. FairclothTexas Supreme Court · 1995
- Leader, Inc. v. Elder Mfg. Co.Texas Commission of Appeals · 1931
- Cusack v. CusackCourt of Appeals of Texas · 1937
- Baldwin v. WillisCourt of Appeals of Texas · 1952
- Foster, Henry, Henry & Thorpe, Inc. v. J.T. Construction Co., Texas Court of Appeals, 8th District (El Paso)1991
1 more not listed; retrieve them via the Exa API.