Dorroh-Kelly Mercantile Co. v. Orient Insurance
Texas Supreme Court
Error to the Court of Civil Appeals, Sixth District, in an appeal from Upshur County. The mercantile company sued the insurance company and had •judgment. On appeal by defendant this was reversed and rendered in favor of appellant, and ■ appellee obtained writ of error. The ease on appeal is reported in 59 Texas Civ. App., 289, Orient Ins. Co. v. Dorroh-Kelley Merc. Co.
1Opinion of the CourtChief Justice Brown
On January 29, 1908, J. M. Dorroh and his son, J. M. Dorroh, Jr., were owners of a stock of merchandise situated at Big Sandy, Texas, and were negotiating with T. J. Kelly to sell „to him a half interest in the said stock of goods. For the purpose of ascertaining the value of the stock, as a basis for the transaction, the parties took a partial inventory of the said stock of goods. With reference to this inventory Kelly testified substantially as follows: “The interest that I ivas buying was in the stock of goods at Big Sandy and also at Pritchett. I was to get a one-half interest. We made…
2Cases cited1 opinion
- Western Assurance Co. of Toronto, Canada v. KemendoTexas Supreme Court · 1901
3Cited by42 opinions
- Tenneco Inc. v. Enterprise Products Co.Texas Supreme Court · 1996
- Camden Fire Ins. Co. v. YarbroughTexas Commission of Appeals · 1919
- Provident Fire Insurance v. AshyTexas Supreme Court · 1942
- Coppi v. West American InsuranceNebraska Supreme Court · 1994
- OXY USA, Inc. v. Southwestern Energy Production Co., Texas Court of Appeals, 13th District2005
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