Parks v. O'Connor
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. H. Clay Pleasants. The following statement of the nature and result of the suit below, made by appellant’s counsel, and not controverted, is adopted: Appellee sued upon a contract of date April 25, 1885, setting , out the contract wherein appellee agreed to deliver to appellant eight thousand head of mixed yearlings, all to be good, merchantable cattle, to be delivered in three herds; time fixed for delivery of first herd, May…
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Appeal from Goliad. Tried below before the Hon. H. Clay Pleasants. The following statement of the nature and result of the suit below, made by appellant’s counsel, and not controverted, is adopted: Appellee sued upon a contract of date April 25, 1885, setting , out the contract wherein appellee agreed to deliver to appellant eight thousand head of mixed yearlings, all to be good, merchantable cattle, to be delivered in three herds; time fixed for delivery of first herd, May 15, 1885; afterwards extended by agreement to June 15, 1885. Defendant agreed to pay for’same within twelve months,…
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought by appellee to recover of appellant the price of five thousand three hundred and eighty-four head of cattle delivered by appellee to appellant, under a contract in writing, in substance as follows: Appellee agreed to sell and deliver to appellant “eight thousand head of mixed yearlings (steers and heifers), all to be good, merchantable cattle,” in three herds, the first herd to be delivered May 15, 1885, and the other two as soon thereafter as practicable; in consideration of which appellant agreed to pay appellee eight dollars per head for the…
2Cases cited3 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
- Pacific Express Co. v. Darnell Bros.Texas Supreme Court · 1884
3Cited by47 opinions
- DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
- Wissman v. BoucherTexas Supreme Court · 1951
- In re Bettman-Johnson Co.Court of Appeals for the Sixth Circuit · 1918
- Florida Athletic Club v. Hope Lumber Co.Court of Appeals of Texas · 1898
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
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