Belton Compress Co. v. Belton Brick Mfg. Co.
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. B. W. Rimes. This suit was by the Belton Brick Manufacturing Company against the appellant, to recover for the value of certain brick sold to appellant by appellee, through appellee’s agent, one Butler. The suit was to enforce a lien claimed by reason of the use of the brick by appellant in constructing its works, which lien seems to have been fixed under the statute.
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Appeal from Bell. Tried below before the Hon. B. W. Rimes. This suit was by the Belton Brick Manufacturing Company against the appellant, to recover for the value of certain brick sold to appellant by appellee, through appellee’s agent, one Butler. The suit was to enforce a lien claimed by reason of the use of the brick by appellant in constructing its works, which lien seems to have been fixed under the statute. J. P. Reed testified that “ he was general manager for defendant when the brick were ordered; ” that he “ ordered the brick from Geo. J. Butler; ” that he “ knew at the time that…
1Opinion of the Court
Willie, Chief Justice.
An agent with power to receive payment is not, in general, clothed with authority to compound the debt or commute it for something else, as, for example, his own debt; but can only receive it in money, unless his particular employment confers the authority, or it can be implied from the general usage of business, or the habits of dealing between the parties. McAlpin v. Cassidy, 17 Tex., 450; Robson v. Watts, 11 Tex., 764.
There is nothing in the evidence in this cause to show any authority in Butler to receive payment for the brick sold by him, as agent of the appellee,…
2Cases cited2 opinions
- Robson v. Watts' heirsTexas Supreme Court · 1854
- Thomas v. GroesbeckTexas Supreme Court · 1874
3Cited by11 opinions
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- Trippett v. Nash McLarty Motor Co.Court of Appeals of Texas · 1925
- Bankers' Reserve Life Co. v. SommersCourt of Appeals of Texas · 1922
- Thompson v. KeysCourt of Appeals of Texas · 1913
- Renfroe v. HallCourt of Appeals of Texas · 1918
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