Gresham v. Tecumseh Oil & Cotton Co.
Court of Appeals of Texas
Appeal from District Court, Grayson County; C. T. Ereeman, Judge. Suit by O. S. Gresham, trustee in bankruptcy of the Sherman Cotton Oil Provision Company, against the Tecumseh Oil & Cotton Company. From judgment for defendant, plaintiff appeals.
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Appeal from District Court, Grayson County; C. T. Ereeman, Judge. Suit by O. S. Gresham, trustee in bankruptcy of the Sherman Cotton Oil Provision Company, against the Tecumseh Oil & Cotton Company. From judgment for defendant, plaintiff appeals. By a.con tract made August 28,1915, the Tecumseh Oil & Cotton Company sold and delivered three tanks (24,000 gallons) of prime cotton seed oil to the Sherman Cotton Oil Provision Company at 35 cents per gallon f. o. b. cars at Oklahoma common points. The oil was to be shipped during the month of November, 1915, as directed by the provision company,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
We think the trial court was not warranted in instructing a verdict in appel-lee’s favor on either of the grounds specified in the motion set out in the statement above.
As justifying the action of the court in sustaining the motion on the first of the two grounds, appellee invokes a rule stated in 2 Mechem on Sales, § 1763, as follows:
“If, at the time the contract is made, the seller had such notice or knowledge that the goods are being purchased for resale in a particular market, or to be supplied in pursuance of a particular contract, that he may fairly…
2Cases cited4 opinions
- Planters' Oil Co. v. GreshamCourt of Appeals of Texas · 1918
- Penn & Co. v. SmithSupreme Court of Alabama · 1894
- Johnson v. MillerCourt of Appeals of Texas · 1914
- Hamilton v. SchumacherCourt of Appeals of Texas · 1891
3Cited by3 opinions
- Cantu v. State, Texas Court of Appeals, 4th District (San Antonio)1981
- Smith v. WhiteDistrict Court, E.D. Missouri · 1942
- Tecumseh Oil & Cotton Co. v. GreshamCourt of Appeals of Texas · 1921