Graves v. Bains & Woodward
Texas Supreme Court
Appeal from. Hamilton. Tried below before Hon. T. L. Hugent. Appellees brought suit in the Justice Court of Pre'cinct Ho. 1 of Hamilton County, on the 4th day of February, 1886, against appellants on an account claiming an indebtedness against them in the sum of $175 on account of a sale alleged to have been made by them as agents for appellants of the Haley place off the Green De Witt survey.
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Appeal from. Hamilton. Tried below before Hon. T. L. Hugent. Appellees brought suit in the Justice Court of Pre'cinct Ho. 1 of Hamilton County, on the 4th day of February, 1886, against appellants on an account claiming an indebtedness against them in the sum of $175 on account of a sale alleged to have been made by them as agents for appellants of the Haley place off the Green De Witt survey. The amount of such sale was $3500, the amount claimed by appellees being 5 per cent thereof. Appellants recovered judgment in the Justice Court against appellees for costs. Appellees carried the cause…
1Opinion of the Court
COLLARD, Judge.
Graves engaged the services of Bains, one'of a firm of land agents styled Bains & Woodward, to sell the Haley place. About this there is no controversy or conflict in the testimony. There is a conflict in the testimony of Bains and Graves as to the terms upon which the sale was to be made; Bains testifying that he was directed to sell for $3500, one-half cash and one-half on a credit of one year; Graves testifying that he directed the sale to be made for cash, and reserved the right to sell the land himself. The court gave judgment for Bains & Woodward, thus solving the…
2Cases cited5 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Stewart v. MatherWisconsin Supreme Court · 1873
- Moses v. . BierlingNew York Court of Appeals · 1865
- Newhall v. PierceMassachusetts Supreme Judicial Court · 1874
3Cited by53 opinions
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- Williams v. MooreCourt of Appeals of Texas · 1900
- Hodde v. Malone Real Estate Co.Court of Appeals of Texas · 1917
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