Castleberry v. Tyler Commercial College
Court of Appeals of Texas
Appeal from District Court, Smith County; J. R. Warren, Judge. Action by Grace Castleberry against the Tyler Commercial College. From a judgment for defendant, plaintiff appeals. August 20, 1918, appellant entered into a contract with appellee by the terms of which she became entitled,' by complying with ap-pellee’s' regulations, to a “complete course of shorthand” in its school.
Read the full summary
Appeal from District Court, Smith County; J. R. Warren, Judge. Action by Grace Castleberry against the Tyler Commercial College. From a judgment for defendant, plaintiff appeals. August 20, 1918, appellant entered into a contract with appellee by the terms of which she became entitled,' by complying with ap-pellee’s' regulations, to a “complete course of shorthand” in its school. The contract was in writing and contained-' stipulations as follows: '■ “H a student * * * disregards the regulations of the school, * * * this scholarship will'be limited to the average time of 3% months. ... “The…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above)".
[1-3] It will be noted that ap-pellee in its contract with appellant reserved “the right at all times to require” her “to board in homes” it approved. As commonly used, the word “board” means lodging as well as food. Century Dictionary; Heron v. Webber, 103 Me. 178, 68 Atl. 744. That it was used in that sense in the contract will not be doubted, when the obvious reason why the reservation was made is kept in mind. The plain meaning of the stipulation was that appellee was to have the right while appellant attended its school to require her to…
2Cases cited1 opinion
- Heron v. WebberSupreme Judicial Court of Maine · 1907