Brown v. Watson
Texas Supreme Court
Appeal from Ellis. Tried below before Hon. Anson Bainey. There is no question upon the pleadings. The conclusions of fact found by the court are as follows: “1. C. N. Ousley & Co. being indebted to plaintiffs, writs of attachment were sued out and same levied on the property in controversy, which was claimed by the defendant, Watson.
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Appeal from Ellis. Tried below before Hon. Anson Bainey. There is no question upon the pleadings. The conclusions of fact found by the court are as follows: “1. C. N. Ousley & Co. being indebted to plaintiffs, writs of attachment were sued out and same levied on the property in controversy, which was claimed by the defendant, Watson. “2. The said firm of C. N. Ousley & Co. was composed of C. N. and W. H. Ousley, and did business from November, 1885, until November, 1886, in Waxahachie, Texas, as manufacturers’ agents and dealers in agricultural implements. Sixty per cent of said business was…
1Opinion of the Court
Walker, Associate Justice.
The findings of facts by the trial judge will be taken as conclusive where there is any material conflict in the testimony. This will reduce the labor of this court to the application of the recognized principles of the law of partnership to the undisputed facts or the facts found by the court showing the dealings of Watson and the firm of C. N. Ousley & Co. with each other and the public.
The written contract by which Watson agreed to furnish C. N. Ousley & Co. on consignment such a stock of pumps, etc., as the two parties might mutually agree to be necessary and…
2Cases cited6 opinions
- Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
- Wheeler v. FarmerCalifornia Supreme Court · 1869
- Brinkley v. HarkinsTexas Supreme Court · 1877
- Swift v. TrottiTexas Supreme Court · 1880
- Grabenheimer v. Rindskoff Bros.Texas Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Robinson v. First Natinal BankTexas Supreme Court · 1904
- Belt v. McGeheeCourt of Appeals of Texas · 1928
- Texas & Pacific Railway Co. v. SmissenCourt of Appeals of Texas · 1903
- Emberson v. McKenna & BiggerCourt of Appeals of Texas · 1890
- Sigmond Rothschild Co. v. MooreCourt of Appeals of Texas · 1929
5 more not listed; retrieve them via the Exa API.