Legal Opinion

United States Gypsum Co. v. Shields

Texas Supreme Court

Decided April 8, 1908No. 1822PublishedCited by 42 opinions

Error to- the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. The Gypsum Company sued Shields and appealed from a judgment for defendant, and on its affirmance obtained writ of error.

1Opinion of the CourtJustice Brown

The Gypsum Company sold to Shields 2796 barrels of adamant plaster upon an 'order signed by Shields and dated June 18' 1904. Shields at the time had a contract for plastering some government buildings at Fort Sam Houston, and there are a number of others who had contracts of like character at the same place. Shields refused to accept the adamant plaster from the Gypsum Company, which brought this suit to recover from him the sum of $1,345.70, profits that it claimed it would have realized on the sale.

Shields pleaded the general denial and especially that the order sued upon was procured by…

2Cases cited1 opinion

  1. Austin v. TalkTexas Supreme Court · 1861

3Cited by42 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Dallas Farm MacHinery Company v. ReavesTexas Supreme Court · 1957
  3. Wilson v. JonesTexas Commission of Appeals · 1932
  4. Edward Thompson Co. v. SawyersTexas Supreme Court · 1921
  5. North American Accident Ins. Co. v. MillerCourt of Appeals of Texas · 1917

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