Legal Opinion

Consumers' Fertilizer Co. v. J. M. Badt & Co.

Court of Appeals of Texas

Decided March 13, 1913PublishedCited by 7 opinions

Appeal from Titus County Court; W. E. Riddle, Judge. Action by the Consumers’ Fertilizer Company against J. M. Badt & Co. From a judgment for defendant, plaintiff appeals.

1Opinion of the Court

Appellee J. M. Badt, a merchant engaged in business at Mt. Pleasant, under the name of "J. M. Badt Co.," bought fertilizer of appellant, agreeing to pay it therefor sums aggregating $404.68 less cost of carriage thereof from Shreveport, La., to Mt. Pleasant, Tex. The suit was by appellant to recover $114.58 as the part of the purchase price unpaid by appellee. The appeal is from a judgment denying appellant a recovery as sought by it, and in favor of appellee for costs.

The contract covering the sale of the fertilizer was made January 25, 1909. It was in writing. Among other stipulations in it…

2Cases cited4 opinions

  1. Benson v. PhippsTexas Supreme Court · 1895
  2. Cruger v. McCrackenTexas Supreme Court · 1895
  3. American Soda Fountain Co. v. MasonCourt of Appeals of Texas · 1909
  4. Gibson v. IrbyTexas Supreme Court · 1856

3Cited by7 opinions

  1. Terrell, Atkins Harvin v. ProctorCourt of Appeals of Texas · 1915
  2. Missouri State Life Ins. Co. v. HearneCourt of Appeals of Texas · 1920
  3. Johnson v. Gibson Bros.Court of Appeals of Texas · 1922
  4. Southwestern Telegraph & Telephone Co. v. WilkinsCourt of Appeals of Texas · 1915
  5. Indian Territory Illuminating Oil Co. v. RainwaterCourt of Appeals of Texas · 1940

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