Cummer Mfg. Co. of Texas v. First Nat. Bank of Center
Court of Appeals of Texas
Appeal from Shelby County Court; Edgar W. Hooker, Judge. Action by the First National Bank of Center against the Cummer Manufacturing Company of Texas and T. T. Sanders. From the judgment, deie33 The appellee hank was the plaintiff, and the appellee T. T. Sanders and appellant were the defendants, in the court below.
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Appeal from Shelby County Court; Edgar W. Hooker, Judge. Action by the First National Bank of Center against the Cummer Manufacturing Company of Texas and T. T. Sanders. From the judgment, deie33 The appellee hank was the plaintiff, and the appellee T. T. Sanders and appellant were the defendants, in the court below. In its petition the bank alleged that on March 12, 1913, Sanders gave it a draft drawn by him in its favor on appellant for $250, “which,” quoting from said petition, “was commission due by the defendant Cummer Manufacturing Company to the defendant Sanders on 500,000 feet of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as'above). [1,2] As we think that the contention made that the testimony was not sufficient to support the finding that Brommer, as appellant’s agent, had authority to bind it by the contract Sanders claimed Brommer made with him should be sustained, it will not be necessary to consider the further contention made by appellant that the judgment is erroneous because it was not shown how much of the lumber, if any, purchased by appellant of the Texas Lumber Manufacturing Company was lumber covered by that contract.
The burden of proving that Brommer had the authority…
2Cited by2 opinions
- Kempner v. Huntsville State BankCourt of Appeals of Texas · 1926
- Gulf Coast State Bank v. EmenhiserCourt of Appeals of Texas · 1976