Lane & Saylor v. Scott & Culver
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit by M. S. Culver and James F. Scott, on the bond of B. FT. Lane and W. A. Saylor, with J. H. Bobinson as surety, conditioned •that Lane and Saylor comply with the terms of their agreement with Culver and Scott, made the same day.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit by M. S. Culver and James F. Scott, on the bond of B. FT. Lane and W. A. Saylor, with J. H. Bobinson as surety, conditioned •that Lane and Saylor comply with the terms of their agreement with Culver and Scott, made the same day. By the terms of that agreement, Culver and Scott were to deliver four thousand beef cattle of specified quality, at Houston, as follows: Five hundred on July 1st; five hundred on July 15th; one thousand on August loth; one thousand on September 15th; and one thousand on October 15, 1873; it being…
1Opinion of the Court
Bonner, Associate Justice.
The charge of the court upon the question of the change of time for the performance of the contract, as it affected the liability of the surety, Robinson, is as follows: “ Parties may change their contracts after they are entered into, and an extension of time does not necessarily release a surety; it would release him, provided he was injured by such extension, or if it appears from the evidence that the surety ivas put in any worse condithan he would otherwise have been.”
This charge was excepted to at the time upon the following among other grounds: “ 2. The charge…
2Cases cited9 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- Bason v. HughartTexas Supreme Court · 1847
- Ducker v. . RappNew York Court of Appeals · 1876
- Miller v. McCanNew York Court of Chancery · 1839
- Hendricks v. SnedikerTexas Supreme Court · 1867
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