Stark v. Burkitt
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Orange County. Stark obtained writ of error on the affirmance by the Court of Civil Appeals of an adverse judgment in an action by Stark & Elliott against Burkitt & Barnes.
1Opinion of the CourtJustice Brown
Stark & Elliott entered into a contract whereby they agreed to deliver to Burkitt & Barnes upon the right of way of a railroad ties to the number of one hundred thousand at stated prices, according to the class of the ties, with the privilege to deliver another one hundred thousand if they so desired after 'the filling of the first contract. Stark & Elliott entered upon the performance of the contract and had ties to the number of about forty thousand upon the right of way when they found that they were not able to proceed with the contract without the advancement of money by Burkitt &…
2Cases cited3 opinions
- Burnham v. ChandlerTexas Supreme Court · 1855
- Taylor v. ColemanTexas Supreme Court · 1858
- East & West Texas Lumber Co. v. BarnwellTexas Supreme Court · 1890
3Cited by23 opinions
- Stinnett v. Paramount-Famous Lasky Corp. of New YorkTexas Commission of Appeals · 1931
- Sherwin-Williams Company v. Perry CompanyCourt of Appeals of Texas · 1968
- American Surety Co. of New York v. North Texas Nat. BankCourt of Appeals of Texas · 1929
- Pool v. SneedCourt of Appeals of Texas · 1943
- Sloan v. SloanCourt of Appeals of Texas · 1930
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