Legal Opinion

McCall v. Whaley

Court of Appeals of Texas

Decided December 16, 1908PublishedCited by 6 opinions

Appeal from the County Court of Falls County. Tried below before Hon. D. H. Boyles.

1Opinion of the Court

KEY, Associate Justice.

— C. J. McCall and W. F. Barclay made an oral agreement by which McCall was to sell to Barclay a storehouse and lot and a stock of drugs and stationery in the town of Burlington, Texas. Barclay paid to McCall $750 on the trade, and it was agreed between them that the contract would be reduced to writing the next day. On the next day Barclay sent a written contract to HcCall for him to sign, which he declined to do, claiming that it contained a stipulation that was not in the verbal agreement. Thereafter several conferences were held between them, but no agreement…

2Cases cited4 opinions

  1. Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
  2. Thomas v. City of RichmondSupreme Court of the United States · 1871
  3. Spring Co. v. KnowltonSupreme Court of the United States · 1881
  4. Edwards v. RandleSupreme Court of Arkansas · 1896

3Cited by6 opinions

  1. Federal Life Ins. Co. v. HoskinsCourt of Appeals of Texas · 1916
  2. Muller v. Wm. F. Stoecker Cigar Co.Nebraska Supreme Court · 1911
  3. Podolnick v. HamiltonTexas Supreme Court · 1961
  4. Trammell v. San Antonio Life Ins. Co.Court of Appeals of Texas · 1919
  5. Causeway Inv. Co. v. NassCourt of Appeals of Texas · 1935

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