Hooks v. Fitzenrieter
Texas Supreme Court
Appeal from Hardin. Tried below before Hon. L. B. Hightower. The petition alleged, substantially, that in May, 1889, plaintiff and defendant entered into a contract, by the terms of which the latter was to provide the former with a building site on the latter’s premises, where the plaintiff was to erect a store house for the purpose of conducting a general mercantile business. The consideration was set forth in detail.
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Appeal from Hardin. Tried below before Hon. L. B. Hightower. The petition alleged, substantially, that in May, 1889, plaintiff and defendant entered into a contract, by the terms of which the latter was to provide the former with a building site on the latter’s premises, where the plaintiff was to erect a store house for the purpose of conducting a general mercantile business. The consideration was set forth in detail. It is further alleged that the store house was erected and the goods and merchandise purchased by plaintiff, but that before he could place them in the house defendant…
1Opinion of the Court
HOBBY, Judge.
There was no error, we think, in sustaining the de-
fendant’s exceptions to the plaintiff’s petition. It alleged with particularity the contract entered into between plaintiff and defendant; its breach by the latter, for which actual damages were claimed in the sum of $150. It does not appear whether the contract was in writing or verbal. The breach was further alleged to have been committed by the defendant “willfully, fraudulently, and with malice,” for which exemplary damages were sought in the sum of $2000. The claim for actual damages being for an amount less than $200, it…
2Cases cited1 opinion
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
3Cited by34 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- A. L. Carter Lumber Co. v. SaideTexas Supreme Court · 1943
- McDonough v. ZamoraCourt of Appeals of Texas · 1960
- Bush v. GaffneyCourt of Appeals of Texas · 1935
- Garrett v. American Family Mutual Insurance Co.Missouri Court of Appeals · 1974
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