Bruner Bros. v. Strong
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. B. B. Gaines. . Suit by. appellants on a written contract executed by appellees June 8, 1882, whereby it was agreed that appellee Strong bound himself in the sum of §3,000, with W. A. Kelsey as surety, to furnish and deliver to Bruner Bros, one thousand head of one and twovear-old heifers on or before August 1, 1882, for which they agreed to pay §7.75 per head for yearlings and §9.75 for two-year-old heifers, and in the event…
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Appeal from Lamar. Tried below before the Hon. B. B. Gaines. . Suit by. appellants on a written contract executed by appellees June 8, 1882, whereby it was agreed that appellee Strong bound himself in the sum of §3,000, with W. A. Kelsey as surety, to furnish and deliver to Bruner Bros, one thousand head of one and twovear-old heifers on or before August 1, 1882, for which they agreed to pay §7.75 per head for yearlings and §9.75 for two-year-old heifers, and in the event Strong should fail to make §1 per head ■profit at that price, then Bruner Bros, were to pay at the rate of §8 per head for…
1Opinion of the Court
Stayton, Associate Justice.—
The answer to which the demurrers ■were urged must be considered with reference to the petition to which it was an answer. There being no pleading which put in issue the due execution of the instrument sued on, of date June 8, 1882, the question is, Did the facts stated in the answer constitute a defense which could be urged against the action based on that agreement?
It is a general rule that all evidence in regard to conversation which may have been had between parties, before reducing an agreement to writing, which may have resulted in a written contract clear in…
2Cases cited4 opinions
- Wooters v. International & G. N. R. R. Co.Texas Supreme Court · 1881
- Bigham v. BighamTexas Supreme Court · 1882
- Belcher v. Mulhall & ScalingTexas Supreme Court · 1882
- Jackson v. StockbridgeTexas Supreme Court · 1867
3Cited by12 opinions
- Columbus Hotel Corp. v. Hotel Management Co.Supreme Court of Florida · 1934
- Goodrich v. Pandem Oil Corp.Texas Commission of Appeals · 1932
- Ross & Sensibaugh v. McLellandCourt of Appeals of Texas · 1953
- R. W. Caffey's Executors v. CaffeyCourt of Appeals of Texas · 1896
- Norman v. Stark Grain & Elevator Co.Court of Appeals of Texas · 1922
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