Werthan Bag Co. v. Houston Bag & Bagging Co.
Court of Appeals of Texas
Appeal from District Court, Harris County; W. E. Monteitb, Judge. Action by the Houston Bag & Bagging Company against the Werthan Bag Company. Judgment for plaintiff on a directed verdict, and defendant appeals.
1Opinion of the CourtGrates, J.
The judgment for $8,200 here complained of by appellant represented the damage the court below found it had caused appellee by its failure to deliver to the latter —pursuant to their written contract to that effect of date March 11, 1919 — during the first half of September, 1919, 100,000 yards of 40-inch 8-ounce burlap at 6 cents per yard. The sum awarded was the difference between the contract price of 6 cents per yard and the market price at Houston on September 15, 16, and 17, 1919, of 14.2 cents per yard on the 100,000 yards.
Under .peremptory instruction the cause was taken from the jury…
2Cases cited7 opinions
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Connell Bros. v. H. Diederichsen & Co.Court of Appeals for the Ninth Circuit · 1914
- Abe Stein Co. v. . RobertsonNew York Court of Appeals · 1901
- Traylor v. Crucible Steel Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1920
- Letts-Parker Grocer Co. v. W. R. Marshall & Co.Massachusetts Supreme Judicial Court · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Abeel, Ind. v. WeilTexas Supreme Court · 1926
- Gable v. Frigidaire CorporationCourt of Appeals of Texas · 1938