Harrell v. De Normandie
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. E. EL Yontress. The appellant, Harrell, being in March, 1856, the owner of two certificates of the public debt of Texas, upon which there was due from the United" States for principal and interest about $1,500, procured De Normandie as his agent to negotiate a sale of them to Swenson.
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Appeal from Williamson. Tried below before the Hon. E. EL Yontress. The appellant, Harrell, being in March, 1856, the owner of two certificates of the public debt of Texas, upon which there was due from the United" States for principal and interest about $1,500, procured De Normandie as his agent to negotiate a sale of them to Swenson. But, in ignorance of the fact that the certificates belonged to a class of claims upon which interest was payable, Harrell estimated them to De Normandie at $832 77, the amount of the principal alone, and authorized De Normandie to ascertain what Swenson would…
1Opinion of the CourtWheeler, C. J.
That the plaintiff committed a mistake in *125estimating the value of his certificates sufficiently appears by the evidence. He estimated them at the value of about eight hundred and thirty three dollars, when their true value was about fifteen hundred dollars. And there is little doubt that the mistake arose from basing his estimate on the principal only, omitting in the calculation the interest due upon the certificates. How he came to-make so important an omission—whether from oversight and inadvertence in fact, or from ignorance of his right to include the interest, does not appear. But that…
2Cited by14 opinions
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