Legal Opinion

Southwestern, Portland Cement Co. v. O. D. Havard Co.

Court of Appeals of Texas

Decided March 27, 1913PublishedCited by 7 opinions

Appeal from El Paso County Court; Albert S. Eylar, Judge. Action by the O'. D. Havard Company against the Southwestern Portland Cement Company. From a judgment for plaintiff, on appeal from a Justice Court, defendant appeals.

1Opinion of the Court

Appellee instituted this suit originally in the justice court, for the recovery of $152 alleged to be due as the purchase price of two coal meters sold and delivered to the appellant. The trial there resulted in a judgment in favor of appellee. The cause was appealed to the county court, where it was tried before the court without the intervention of a jury, and judgment in appellee's favor was rendered for like amount.

On April 15, 1910, appellant purchased four coal meters from the appellee, but after using same for a time they proved unsatisfactory and were returned to the appellee about…

2Cases cited1 opinion

  1. Ginners' Mut. Underwriters of San Angelo v. WileyCourt of Appeals of Texas · 1912

3Cited by7 opinions

  1. E. F. Elmberg Co. v. Dunlap Hardware Co.Court of Appeals of Texas · 1921
  2. Driskill Hotel Co. v. AndersonCourt of Appeals of Texas · 1929
  3. Adams v. CrittendenCourt of Appeals of Texas · 1917
  4. Kohn v. ZaludekCourt of Appeals of Texas · 1931
  5. Williams v. Mutual Motor Co.Court of Appeals of Texas · 1933

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