Avery Co. of Texas v. Staples Mercantile Co.
Court of Appeals of Texas
Appeal from District Court, Guadalupe County; M. Kennon, Judge. Action by the Staples Mercantile Company against the Avery Company of Texas. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtCarl, J.
Appellee sued appellant for $2,050 paid as the purchase price by appel-ee from appellant of one model type A Avery farm truck. The sale of the truck was about August 4, 1918, and the notes given in part payment therefor were paid about their maturity, October 1, 1913. Alfred Koebig was' originally made a defendant along with the Avery Company of Texas, since he was the local agent who effected the sale of the truck, but he was subsequently dismissed from the suit. More of this later in the opinion.
The petition charges that, when the purchase was completed, appellee was requested by…
2Cases cited4 opinions
- United States Gypsum Co. v. ShieldsTexas Supreme Court · 1908
- Hallwood Cash Register Co. v. BerryCourt of Appeals of Texas · 1904
- Westinghouse Electric Manufacturing Co. v. TroellCourt of Appeals of Texas · 1902
- Commonwealth Bonding & Casualty Ins. Co. v. BomarCourt of Appeals of Texas · 1914
3Cited by5 opinions
- Ferguson v. KochCalifornia Supreme Court · 1928
- Mooney v. CyriacksCalifornia Supreme Court · 1921
- Wolff v. CohenCourt of Appeals of Texas · 1926
- Manes v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1918
- Landfried v. MilamCourt of Appeals of Texas · 1919