Saye v. Garrard
Court of Appeals of Texas
Appeal from District Court, Delta County; Wm. Pierson, Judge. Action by J. D. Garrard against Sam Saye. Judgment for plaintiff, and defendant appeals. The action is by appellee against appellant for damages for the breach of a contract of sale of personal property, and for a restraining order. And in accordance with the special answers of the jury the court entered judgment for the appellee.
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Appeal from District Court, Delta County; Wm. Pierson, Judge. Action by J. D. Garrard against Sam Saye. Judgment for plaintiff, and defendant appeals. The action is by appellee against appellant for damages for the breach of a contract of sale of personal property, and for a restraining order. And in accordance with the special answers of the jury the court entered judgment for the appellee. The petition alleged that on the 15th day of October, 1915, the plaintiff, who was a furniture dealer, purchased of the defendant, also a furniture dealer, his entire stock of furniture and fixtures, with…
1Opinion of the CourtLevi’, J.
(after stating the facts as above).
[1, 2] The main purpose of the contract furnishes the standard by which the validity of agreements of the kind in suit may be determined, according to the tests laid down. Gates v. Hooper, 90 Tex. 563, 39 S. W. 1079. And if the contract, when considered in connection with the circumstances under which it was made and the conditions that give rise to its execution, is found to have the obvious purpose and necessary result of establishing a “combination” or “trust,” then the contract is unenforceable. Robinson v. Levermann, 175 S. W. 160. But if the contract,…
2Cases cited3 opinions
- Gates v. HooperTexas Supreme Court · 1897
- Malakoff Gin Co. v. RiddlespergerCourt of Appeals of Texas · 1910
- Robinson v. LevermannCourt of Appeals of Texas · 1915
3Cited by2 opinions
- Arabesque Studios, Inc. v. Academy of Fine Arts International, Inc.Court of Appeals of Texas · 1975
- Langever v. United Advertising Corp.Court of Appeals of Texas · 1924