Olive & Stirnenberg v. Hester
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. H. Ford. Appellee sued appellants, as partners, upon an account in the sum of $1,510.15, principal and interest, for value of timber delivered to appellants under verbal contract of purchase, and for damages for violation of the contract.
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Appeal from Jefferson. Tried below before the Hon. W. H. Ford. Appellee sued appellants, as partners, upon an account in the sum of $1,510.15, principal and interest, for value of timber delivered to appellants under verbal contract of purchase, and for damages for violation of the contract. The contract was alleged by appellee to be: That appellants had purchased appellee’s timber at $6 per thousand feet, to be measured up when put into Village creek or its tributaries, and paid for as measured up there, and appellee to float and deliver same to appellants at Beaumont at appellants’ risk in…
1Opinion of the Court
Stayton, Associate Justice.
There is no controversy between the parties except as to whether the appellee delivered three hundred and seventy thousand five hundred and three feet of logs as he claims in his petition.
*192The appellants claim that only two hundred and seventy thousand five hundred and three feet of logs were delivered.
The evidence is conflicting as to what the real contract between the parties was in reference to the place at which the measurement of the logs should be made, and as to whether the appellants had agreed to abide by the measurement which should be made by the appellee…
2Cited by7 opinions
- Housley v. Strawn Merchandise Co.Texas Commission of Appeals · 1927
- Continental Lumber & Tie Co. v. MillerCourt of Appeals of Texas · 1912
- Trans-Cold Express, Inc. v. HardinCourt of Appeals of Texas · 1967
- Hood v. RobertsonCourt of Appeals of Texas · 1930
- Locke v. WallingfordCourt of Appeals of Texas · 1924
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