Legal Opinion

Texas Moline Plow Co. v. Biggerstaff

Court of Appeals of Texas

Decided March 29, 1916No. 952PublishedCited by 18 opinions

Appeal from Childress County Court; Frank M. Freeman, Judge. Action by E. L. Biggerstaff against the Texas Moline Plow Company. Judgment for the plaintiff, and defendant appeals.

1Opinion of the CourtHall, J.

Appellee, Biggerstaff, instituted this suit in the county court to recover alleged damages for the breach of a contract by appellant, entered into between them on the 21st day of October, 1912. It is alleged that by the terms of the contract certain goods were sold to him, and that shipment should be made, unless otherwise ordered, on the 1st day of February, 1913; that it was afterwards agreed that shipment should be made on January 1, 1913, but that defendant negligently, carelessly, and without just excuse, failed and refused to make the shipment until about the latter part of March, 1913,…

2Cases cited3 opinions

  1. State v. Superior CourtWashington Supreme Court · 1911
  2. Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
  3. Fort Worth Board of Trade v. CookeCourt of Appeals of Texas · 1894

3Cited by18 opinions

  1. Fidelity Union Life Insurance Company v. EvansTexas Supreme Court · 1972
  2. Pavlidis v. Bishop & Babcock Sales Co.Court of Appeals of Texas · 1931
  3. Merchants' Reciprocal Underwriters of Dallas v. First Nat. Bank of CanadianCourt of Appeals of Texas · 1917
  4. Banco de Ponce v. IriarteSupreme Court of Puerto Rico · 1942
  5. Rowley v. BralyCourt of Appeals of Texas · 1926

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