Legal Opinion

Elder, Dempster & Co. v. Weld-Neville Cotton Co.

Texas Commission of Appeals

Decided June 1, 1921No. 186-3230PublishedCited by 26 opinions

Error to Court of Civil Appeals of First Supreme Judicial District. Action by Elder Dempster & Co., Limited, against Weld-Neville Cotton Company, Incorporated, to recover damages for breach of two contracts. A judgment for plaintiff was reversed by the Court of Civil Appeals, and the cause remanded for retrial (204 S. W'. 678), and plaintiff brings error.

1Opinion of the CourtMcCLENDON, P. J.

Elder Dempster Steamship Company, Limited, brought this action against Weld-Neville Cotton Company, Incorporated, to recover damages for alleged breach of two contracts by which the latter agreed to deliver to the former two 1,000-bale consignments of “high density Webb” compressed cotton, to be transported by the steamship company from Galveston, Tex., to Havre, France, at the rate of $2.05 per hundred weight. The alleged breach of contract consisted in the contention that the cotton actually delivered had a less minimum density than it should have had, in order to constitute compliance with…

2Cases cited1 opinion

  1. Weld-Neville Cotton Co. v. Elder, Dempster & Co.Court of Appeals of Texas · 1918

3Cited by26 opinions

  1. Brown v. Frontier Theatres, Inc.Texas Supreme Court · 1963
  2. Gulf Liquid Fertilizer Co. v. TitusTexas Supreme Court · 1962
  3. Texas Indemnity Ins. Co. v. BridgesCourt of Appeals of Texas · 1932
  4. De Llano v. MoranTexas Supreme Court · 1960
  5. Bauer v. WoodMissouri Court of Appeals · 1941

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