Legal Opinion

M. D. Wells & Co. v. Yarbrough

Texas Supreme Court

Decided May 20, 1892No. 7527PublishedCited by 15 opinions

2. Findings of Fact, etc., by Court. — Conclusions of law and of fact should be kept distinct, but the failure to do so can not as a general rule be treated as ground for reversal of the judgment. Ho statement is necessary.

1Opinion of the Court

HENRY, Associate Justice.

— On January 11, 1889, M. D. Wells & Co. filed suit against T. B. Yarbrough for $668.04, for goods sold and delivered to him about July 10, 1886.

By amendment filed September 29,1889, plaintiffs set up, that about July 10,1886, at defendant’s special instance and request they had sold and delivered to him goods, wares, and merchandise described in an exhibit attached to their petition at the prices named in said exhibit, aggregating $603.04 of which sum defendant was to pay to plaintiff $20.24 thirty days after the sale, and the balance four months after September 15,…

2Cited by15 opinions

  1. McAshan v. CavittTexas Supreme Court · 1950
  2. Houston Natural Gas Corporation v. PearceCourt of Appeals of Texas · 1958
  3. Fender v. SchadedCourt of Appeals of Texas · 1967
  4. Robert McLane Co. v. Swernemann SchkadeCourt of Appeals of Texas · 1916
  5. Clay v. RichardsonCourt of Appeals of Texas · 1926

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