Wintz v. Morrison
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon.. Thomas J. Devine. Suit commenced Oct. 4th, 1854. The petition alleged that plaintiff Morrison in June, 1854, purchased of Wintz two hundred and thirty Mexican horses, for which he gave one thousand dollars in cash, and his two notes for three thousand and' twenty-five dollars and fifty cents, each, due at future days, to secure which he executed a mortgage on land and slaves ; that the price paid and agreed to be paid,…
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Appeal from Guadalupe. Tried below before the Hon.. Thomas J. Devine. Suit commenced Oct. 4th, 1854. The petition alleged that plaintiff Morrison in June, 1854, purchased of Wintz two hundred and thirty Mexican horses, for which he gave one thousand dollars in cash, and his two notes for three thousand and' twenty-five dollars and fifty cents, each, due at future days, to secure which he executed a mortgage on land and slaves ; that the price paid and agreed to be paid, constituted a full and ample consideration for said stock, had they at the time-of the trade been perfectly sound ; but that…
1Opinion of the CourtWheeler, J.
The assignment of error questions the accuracy of the charge of the Court, the propriety of refusing instructions asked by the defendant, and the sufficiency of the evidence to warrant the verdict.
In examining the charge of the Court, and the instructions refused, regard must be had to their relevancy and pertinency to the issues and proofs. The action was for fraud and deceit practiced in the sale ; and was well brought on the special facts and circumstances relied on as creating the defendant's liability. It was (as all our actions, in general, are) a special action on the plaintiff’s case.…
2Cited by70 opinions
- Smith v. National Resort Communities, Inc.Texas Supreme Court · 1979
- Grabenheimer v. BlumTexas Supreme Court · 1885
- Bush v. GaffneyCourt of Appeals of Texas · 1935
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
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