Legal Opinion

Spencer v. Tripplett

Court of Appeals of Texas

Decided March 22, 1916No. 949PublishedCited by 11 opinions

Appeal from Floyd County Court; E. P. Thompson, Judge. Action by A. G. Spencer and others against T. B. Tripplett. Judgment for defendant, and plaintiffs appeal.

1Opinion of the CourtHall, J.

October 2, 1914, appellee gave the Acme Sales Company an order for certain merchandise to be shipped to him at Floydada, Tex. These goods were to be sold under certain conditions and in a certain manner. The Acme Sales Company guaranteed to ship 60 days prior to the close of the contract 165 fountain pens to appellee, to be sold in accordance with the terms of a certain contest for a piano. The Acme Company agreed to take back, at the end of the 60-day contest, all of the pens remaining unsold, and to refund appellee at the amount of $1.50 for each pen remaining unsold. This order and the…

2Cases cited5 opinions

  1. Stephens v. DavisTennessee Supreme Court · 1886
  2. Scofield v. FordSupreme Court of Iowa · 1881
  3. Law v. CrawfordMissouri Court of Appeals · 1896
  4. Tate v. FletcherIndiana Supreme Court · 1881
  5. Rochford v. McGeeSouth Dakota Supreme Court · 1903

3Cited by11 opinions

  1. Bradley v. Texas & P. Ry. Co.Texas Commission of Appeals · 1928
  2. Twichell v. KlinkeCourt of Appeals of Texas · 1925
  3. Ellerd v. FergusonCourt of Appeals of Texas · 1920
  4. Gray v. WilliamsSupreme Court of Vermont · 1917
  5. Metropolitan Nat. Bank v. VanderpoolCourt of Appeals of Texas · 1917

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