Whitney Hardware Co. v. McMahan
Texas Supreme Court
Question certified from the Court of Civil Appeals for the Fifth District, in an appeal from Hill County. The Whitney Hardware Company appealed from a judgment sustaining a general demurrer to its petition seeking recovery against Mrs. McMahan and others. The opinion of the Court of Civil Appeals reversed and remanded the case; but on account of the doubt raised by the opinion in Red River Natl. Bank v. Ferguson, 109 Texas, 287, certified the question to the Supreme Court.
1Opinion of the CourtJustice Gbeenwood
The Whitney Hardware Company, appellant, sued Mrs. Effie Mc-Mahan, her husband E. K. McMahan, and her brother-in-law Waul McMahan, appellees, to recover damages in the sum of $2500.
The petition alleged that appellant was a corporation engaged in business as a retail merchant, owning a stock of hardware in a brick building belonging to appellee Mrs. Effie McMahan as her separate property and rented by her to appellant; that the building got out of repair to such an extent as to be untenantable; that thereupon Mrs. McMahan, acting individually and by agent, on or about August 1, 1915,…
2Cases cited5 opinions
- Red River National Bank v. FergusonTexas Supreme Court · 1918
- Frecking v. . RollandNew York Court of Appeals · 1873
- Stock v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Crawford v. DoggettTexas Supreme Court · 1891
- Carpenter v. MitchellIllinois Supreme Court · 1869
3Cited by58 opinions
- Arnold v. LeonardTexas Supreme Court · 1925
- Cauble v. Beaver-Electra Refining Co.Texas Supreme Court · 1925
- Gohlman, Lester & Co. v. WhittleTexas Supreme Court · 1925
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- Commissioner of Internal Revenue v. Estate of HindsCourt of Appeals for the Fifth Circuit · 1950
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