Duncan v. McMahan
Texas Supreme Court
Appeal from Austin. Tried below before the Hon, James H. Bell. Suit by appellee against appellant. The petition alleged : That on or about the first day of January, 1855, said Duncan sold to your petitioner forty-four bales of cotton for five and three-fourth cents per pound, to be delivered to your petitioner on the plantation of said Duncan in said county of Austin ; that, by the contract, said Duncan was to ship said cotton on the first boat down the Erases river ; but,…
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Appeal from Austin. Tried below before the Hon, James H. Bell. Suit by appellee against appellant. The petition alleged : That on or about the first day of January, 1855, said Duncan sold to your petitioner forty-four bales of cotton for five and three-fourth cents per pound, to be delivered to your petitioner on the plantation of said Duncan in said county of Austin ; that, by the contract, said Duncan was to ship said cotton on the first boat down the Erases river ; but, the said river not rising during the time that a rise in the same was anticipated by the parties to said contract,…
1Opinion of the CourtWheeler, J.
The witnesses estimated differently the quantity of the cotton, its value and price at the place of delivery, and the cost of its transportation thence to Houston. The jury had a right to adopt the estimate which they deemed nearest the truth ; and they probably estimated the quantity at forty-four bales, weighing five hundred pounds each; the price contracted to be paid for it, five and three-fourth cents per pound ; the cost of transportation to Houston one-half a cent; and its value in Houston at what it is proved to have been actually sold for there, viz.: seven and one-fourth cents.…
2Cited by2 opinions
- L. H. Woods & Co. v. Half, Weiss & Co.Texas Supreme Court · 1876
- Moore v. Paris Oil and Cotton Co.Court of Appeals of Texas · 1895