Fort Worth & Denver City Railway Co. v. Underwood

STEPHENS, Associate Justice.

Delay in furnishing cars for the transportation of cattle from Childress, Texas, to Kansas City, Missouri, was the ground for recovery in this cause, appellee having declared on an oral contract obligating appellant to furnish the cars within a specified time. Appellant pleaded a written contract executed subsequent to the oral one, which contained a clause releasing it from any claim for damages arising from a breach of the oral contract. Appellee made no reply to this defense.

Appellant not only objected to proof of the oral contract, but read in evidence the…