Legal Opinion

Charles B. Smith Co. v. Duncan

Court of Appeals of Texas

Decided April 8, 1914No. 5331Published

Appeal from District Court, Bell County; John D. Robinson, Judge. Action by E. M. Duncan against Charles B. Smith, doing business as Charles B. Smith &■ Co. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJenkins, J.

On November 11, 1912, appellant, under the name of Charles B. Smith & Co., and appellee entered into a contract, whereby appellee agreed to sell and deliver to Chas. B. Smith on that date, and on subsequent dates, cotton, upon which appellant was to advance to appellee at the time of delivery about ten cents per pound, balance to be paid for at a price to be named by appel-lee between October 11, 1912, and March 1, 1913. This contract was oral, being made over the phone. Appellant at that time resided in Belton, and appellee in Killeen, some miles distant from Belton. There is no disagreement…

2Cases cited2 opinions

  1. Cleburne Water, Ice & Lighting Co. v. City of CleburneCourt of Appeals of Texas · 1896
  2. Carter v. . McNeelySupreme Court of North Carolina · 1841

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