City of Corpus Christi v. Central Whare & Warehouse Co.
Court of Appeals of Texas
Appeal from Nueces. Tried below before Hon. J. C. Bussell. 1. The court erred in sustaining the general demurrer of defendant.
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Appeal from Nueces. Tried below before Hon. J. C. Bussell. 1. The court erred in sustaining the general demurrer of defendant. Power to erect wharves and fix rates of wharfage: Special Laws 8th Leg., chap. 190, sec. 6, p. 208. Construction of power: McDonnell v. Bailway, 60 Texas, 591. Power to contract and lease: Special charter city of Corpus Christi, -Special Acts 1873, to be treated as public act, secs. 1, 32, 33, 104, 160, 187, 194, 196. As to wharves, etc.: Id., sec. 104. Pleading: Bules.for District Courts, numbers 2, 3,' and 4; 84 Texas, 708. Limitation of wharf charges: Langdon v.…
1Opinion of the Court
WILLIAMS, Associate Justice.
By the general and special exceptions to the petition, the questions presented were:
1. Did the city have the power to make with defendants the contract upon which this action is founded?
2. Did the defendant corporation have power to enter into such contract?
3. If such power in either of the contracting parties was lacking, were the defendants, under the allegations, estopped from asserting that fact to defeat a recovery ?
The suit was upon a bond executed by the defendant company as principal, with the other defendants as sureties, to secure the performance by such…
2Cases cited2 opinions
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- L. Waterbury & Co. v. City of LaredoTexas Supreme Court · 1887
3Cited by15 opinions
- Southwestern Telegraph & Telephone Co. v. City of DallasCourt of Appeals of Texas · 1915
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Zachry v. City of San AntonioCourt of Appeals of Texas · 1956
- Horne Zoological Arena Co. v. City of DallasCourt of Appeals of Texas · 1931
- El Paso Union Passenger Depot Co. v. LookCourt of Appeals of Texas · 1918
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