Houston & T. C. R. R. Co. v. Shirley
Texas Supreme Court
Appeal from McLeHan. Tried below before the Hon. 0. 0. Alexander. On the 19th day of July, A. D. 1869, the Waco Tap Eailroad Company, afterwards called the Waco & Northwestern Eailroad Company, entered into a written contract with the appellee, Thomas M. Shirley, whereby Shirley undertook to construct the railway for the company from Bremond to Waco. It was to be completed in two years.
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Appeal from McLeHan. Tried below before the Hon. 0. 0. Alexander. On the 19th day of July, A. D. 1869, the Waco Tap Eailroad Company, afterwards called the Waco & Northwestern Eailroad Company, entered into a written contract with the appellee, Thomas M. Shirley, whereby Shirley undertook to construct the railway for the company from Bremond to Waco. It was to be completed in two years. About April 1, 1870, the railroad company notified Shirley that he would no longer be recognized as contractor on the road. On the 16th day of July, A. D. 1870, Shirley filed his suit against the Waco Tap…
1Opinion of the Court
Gould, Associate Justice.
This suit was originally instituted against the Waco & N. W. R. R. Co., to recover certain sums alleged to be due for work done under a contract with the Waco Tap R. R. Co. to construct its road from its junction with the Houston & Texas Central Railway to the city of Waco, and to recover damages, actual and exemplary, for an alleged breach of said contract. When formerly before this court on appeal by the Waco & N. W. R. R. Co., it was decided that under his contract Shirley had no equitable mortgage on the roadbed, etc., for any damages he might be entitled to for…
2Cases cited6 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Waco Tap Railroad v. ShirleyTexas Supreme Court · 1876
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Smith v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
- Gordon v. JonesTexas Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- A. L. Carter Lumber Co. v. SaideTexas Supreme Court · 1943
- McDonough v. ZamoraCourt of Appeals of Texas · 1960
- Sugg v. SmithCourt of Appeals of Texas · 1918
- Bush v. GaffneyCourt of Appeals of Texas · 1935
- Hooks v. FitzenrieterTexas Supreme Court · 1890
52 more not listed; retrieve them via the Exa API.