Legal Opinion

Standard Paint Co. v. San Antonio Hardware Co.

Court of Appeals of Texas

Decided March 8, 1911PublishedCited by 4 opinions

Appeal from Bexar County Court; Phil. H. Shook, Judge. Action by the San Antonio Hardware Company against the Standard Paint; Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

The second amended petition of the San Antonio Hardware Company, filed February 7, 1910, alleged that on or about February, 1908, J. N. Richards, the agent of the defendant (appellant), entered into an agreement, whereby plaintiff was to make a certain payment by check for certain goods disposed of and to return certain goods to defendant; that on February 18, 1908, plaintiff remitted the check, and on or about March 13th returned all of the unsold goods to defendant, and it was further agreed by the defendant, acting through said agent, to pay plaintiff all money paid out by it for freight…

2Cases cited5 opinions

  1. Missouri Pacific Railroad v. FaganTexas Supreme Court · 1888
  2. Moore v. KennedyTexas Supreme Court · 1891
  3. Creager v. DouglassTexas Supreme Court · 1890
  4. Maverick v. RouthCourt of Appeals of Texas · 1894
  5. Aycock v. Thomas Trammell & Co.Texas Supreme Court · 1890

3Cited by4 opinions

  1. Central Surety & Insurance Corp. v. HankinsCourt of Appeals of Texas · 1940
  2. Cooke v. EllisCourt of Appeals of Texas · 1917
  3. Thomas v. MurphyCourt of Appeals of Texas · 1936
  4. Davis v. National Bond & Mortgage Corp.Court of Appeals of Texas · 1931

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