Texas & St. Louis R. R. Co. v. Robards
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John C. Robertson. This suit was brought by W. C. Robards and Mrs. S. A. Cain, joined by her husband, W. G. Cain, to recover damages for breach of contract, which was as alleged in substance as follows, to wit: That Robards and Cain were to build at Ferguson, in Upshur county, Texas, and at that time the terminus of defendant company’s road and its junction with the Texas & Pacific Railway, a hotel of certain dimensions, which…
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Appeal from Smith. Tried below before the Hon. John C. Robertson. This suit was brought by W. C. Robards and Mrs. S. A. Cain, joined by her husband, W. G. Cain, to recover damages for breach of contract, which was as alleged in substance as follows, to wit: That Robards and Cain were to build at Ferguson, in Upshur county, Texas, and at that time the terminus of defendant company’s road and its junction with the Texas & Pacific Railway, a hotel of certain dimensions, which they were to keep open as a hotel and in first-class style, in consideration of which the defendant company was to convey…
1Opinion of the Court
Watts, J. Com. App.
This is an action for the recovery of damages resulting from a breach of contract. It is claimed that Mrs. Cain was a married woman at the time of its execution, and, as it was not privily acknowledged by her, that no recovery can be had for a failure to perform upon the part of the company.
Cain, who was acting for his wife and as agent in the management of her separate estate, together with Robards entered into the agreement with the company in reference to building the hotel. The object and purpose of the contract was not the conveyance or disposition of Mrs. Cain’s…
2Cases cited5 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
- Holladay v. PattersonOregon Supreme Court · 1874
- Kinealy v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1879
- Martindale v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1875
3Cited by5 opinions
- Herzog v. Atchison, Topeka & Santa Fe R.R.California Supreme Court · 1908
- Seymour Improvement Co. v. Viking Sprinkler Co.Indiana Court of Appeals · 1928
- International & Great North. R. R. v. DawsonTexas Supreme Court · 1884
- Missouri, Kansas & Texas Railway Co. v. FreemanTexas Supreme Court · 1904
- Parrott v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1914