Self v. King
Texas Supreme Court
Appeal from Ellis. The case was tried before Hon. Nat. M. Burford, one of the district judges. The copy of the contract and principal facts of this case are shown in the opinion of the court. The jury returned a verdict against the appellant for $400, in accordance with the valuation of $4 per head placed upon the sheep by- the plaintiff’s witnesses. The defendant’s witnesses valued the sheep at only $3 per head.
1Opinion of the CourtSmith, J.
—This suit was instituted 10th January, 1861, by the appellee, King, on the following instrument of writing, to wit:
“Due John King one hundred head of sheep of the fol-following description: good average Texas-raised sheep, eighty-five ewes and fifteen wethers, for value received of him, this the 28th of Uovember, 1860. H. H. Self.”
The defendant answered that, although the writing is in the shape of a due-bill for the sheep, yet it was understood by the parties, and agreed by them at the time, that said sheep were not to be delivered until the spring of 1861, and that the writing was put in…
2Cases cited1 opinion
- Boorman v. JenkinsNew York Supreme Court · 1834
3Cited by47 opinions
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- University State Bank v. Gifford-Hill Concrete Corp.Court of Appeals of Texas · 1968
- Belcher v. Mulhall & ScalingTexas Supreme Court · 1882
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