Legal Opinion

King v. Bremond

Texas Supreme Court

Decided July 1, 1860PublishedCited by 3 opinions

Error from Houston. Tried below before Hon. R. A. Reeves. Paul Bremond and W. A. Van Alstyne, partners under the style and firm of Bremond & Van Alstyne, brought this suit against Adam 0. King on the 20th day of July, 1854, for damages for defendant’s failure to comply with and perform a certain written contract set out in the petition, claiming ten thousand dollars as damages for the defendant’s aforesaid failure.

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Error from Houston. Tried below before Hon. R. A. Reeves. Paul Bremond and W. A. Van Alstyne, partners under the style and firm of Bremond & Van Alstyne, brought this suit against Adam 0. King on the 20th day of July, 1854, for damages for defendant’s failure to comply with and perform a certain written contract set out in the petition, claiming ten thousand dollars as damages for the defendant’s aforesaid failure. The contract referred to was made between the plaintiffs as partners as aforesaid on the one part and the defendant King on the other, on the 20th day of July, 1852: and stipulated…

1Opinion of the CourtBell, J.

We think it unnecessary in this case to discuss the question whether or not the plaintiffs in the court below were entitled to maintain them suit on the contract of the 20th of July, 1852, for the failure on the part of King to deliver the leather. The plaintiffs were clearly entitled, upon King’s failure to deliver the leather, to bring their suit to recover the amount which King acknowledged himself to be indebted to them. We think the amended petition filed by the plaintiffs at the Fall Term, *6531854, is sufficient to entitle them to recover judgment for the money due them. That petition,…

2Cited by3 opinions

  1. H., E. & W. T. R'y Co. v. HardyTexas Supreme Court · 1884
  2. Saint Louis Southwestern Railway Co. v. H. D. CunninghamCourt of Appeals of Texas · 1907
  3. Franklin v. SmithTexas Commission of Appeals · 1880

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