Western Union Telegraph Co. v. Huffstutler

This suit arose in the justice court, where judgment was rendered for ap-pellee, and was removed by certiorari to the county court, where a trial was had and judgment again rendered in favor of appel-lee, from which this appeal is prosecuted. This is the second appeal in this case. See 170 S. W. 1053.

In September, 1912, appellee made a contract with J. A. Scurlock, by which he purchased a carload of fat beef cattle, to be shipped from San Augustine county to Lo-meta, Tex. On October 1, 1912, Scurlock telegraphed appellee that he had the cattle ready for delivery to the Gulf, Colorado & Santa…