Day v. Cross
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. S. Walker. Suit in the district court of Travis county, begun the 26th day of December, 1881, by R. Y. Cross, William Mullins, Charles Mullins and Julia Barron (the latter being joined by her husband, - Barron), the last-named two as the heirs of Isaac Mullins, deceased, against J. L. Driskill, as administrator of the estate of William H. Day, deceased, to establish a claim against said estate for the sum of $18,079.50, and…
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Appeal from Travis. Tried below before Hon. A. S. Walker. Suit in the district court of Travis county, begun the 26th day of December, 1881, by R. Y. Cross, William Mullins, Charles Mullins and Julia Barron (the latter being joined by her husband, - Barron), the last-named two as the heirs of Isaac Mullins, deceased, against J. L. Driskill, as administrator of the estate of William H. Day, deceased, to establish a claim against said estate for the sum of $18,079.50, and interest from the 1st day of April, 1881, at the rate of ten per cent, per annum, claimed to be owing on a contract of sale…
1Opinion of the Court
Willie, Chief Justice.—
The decision of this cause depends in a great measure upon the true construction of the contract on which; the suit is brought as to the number of cattle the appellees were-bound to deliver to Day or his representatives. If, by the terms of that contract, they were absolutely bound to deliver by the 1st of August, 1881, ten thousand head, or reasonably- near that quantity, then, as they delivered and tendered but little over half that amount, their contract was violated and they should not have recovered the verdict they did. If, bn the other hand, the number to be…
2Cases cited2 opinions
- Pearce v. BellTexas Supreme Court · 1858
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
3Cited by8 opinions
- Ablowich v. Greenville Natl. Bank.Texas Supreme Court · 1902
- State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
- Hales v. PetersCourt of Appeals of Texas · 1913
- St. Louis, Arkansas & Texas Railway Co. v. HendersonTexas Supreme Court · 1893
- Deleshaw v. EdelenCourt of Appeals of Texas · 1903
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