Legal Opinion

Von Harten & Clark, Inc. v. Nevels

Court of Appeals of Texas

Decided November 9, 1921No. 1849PublishedCited by 6 opinions

Appeal from District Court, Lynn County; W. R. Spencer, Judge. Shit by Von Harten & Clark, Inc., against W. D. Nevels and others. Judgment for defendants, and plaintiff appeals.

1Opinion of the CourtHuff, C. J.

Appellant, Von Harten & Clark, Inc., as plaintiff, brought suit against W. D. Nevels, G. E. Lockhart, and W.' B. Slaton for damage on alleged breach of contract of sale for one hundred bales of cotton. It is alleged on the 25th day of September, 1919, the appellees, through W. B. Slaton, sold to G. E. Maedgen, who assigned the contract to appellant. The contract was negotiated over'the telephone and later confirmed by letter. The confirmation letters state the contract as follows:

“This will serve to confirm purchase from you by telephone one hundred hales of cotton at $.31, basis middling, f.…

2Cases cited11 opinions

  1. Dwyer v. City of BrenhamTexas Supreme Court · 1888
  2. Berg v. San Antonio Street Railway Co.Court of Appeals of Texas · 1897
  3. Dwight v. EckertSupreme Court of Pennsylvania · 1888
  4. Gaut v. DunlapCourt of Appeals of Texas · 1916
  5. Orient Mutual Insurance v. J. Reymershoffer's SonsTexas Supreme Court · 1882

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3Cited by6 opinions

  1. Siderius, Inc. v. Wallace Co., Inc.Court of Appeals of Texas · 1979
  2. Texas Associates, Inc. v. Joe Bland Const. Co.Court of Appeals of Texas · 1949
  3. Little v. PerryCourt of Appeals of Texas · 1966
  4. Tennessee Gas & Transmission Co. v. El Paso Natural Gas Co.Court of Appeals for the Fifth Circuit · 1948
  5. Vise v. FosterCourt of Appeals of Texas · 1952

1 more not listed; retrieve them via the Exa API.

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