Warner v. Texas & Pacific Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH. ' CIRCUIT. This was an action brought May 9,1892, by Warner against the Texas and Pacific Railway Company, a corporation created ■by the laws of the United States, upon a contract made in 1874, by which it was agreed between the parties that if the plaintiff would grade the ground for a switch, and put on the ties, at a certain point on the defendant’s railroad, the defendant would put down the rails and maintain the…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH. ' CIRCUIT. This was an action brought May 9,1892, by Warner against the Texas and Pacific Railway Company, a corporation created ■by the laws of the United States, upon a contract made in 1874, by which it was agreed between the parties that if the plaintiff would grade the ground for a switch, and put on the ties, at a certain point on the defendant’s railroad, the defendant would put down the rails and maintain the switch for the plaintiff’s benefit for shipping purposes as long as he needed it. The defendant pleaded that the contract was…
1Opinion of the CourtJustice Geay
The statute of frauds of the State of Texas, reenacting, in-this particular, the English statute of 29 Car. II, c. 3, § 4, (1677) provides that no action shall be brought “upon any agreement which is not to be performed within the space of one year from the making thereof,” unless-the “agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized.” ■ Texas Stat. January 18, 1840; 1 Paschal’s Digest, (4th ed.) art. 3S75; Rev. Stat. of 1879, art.…
2Cases cited16 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- James v. FulcrodTexas Supreme Court · 1851
- McDonald v. HoveySupreme Court of the United States · 1884
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