Legal Opinion

Park v. Swartz

Texas Supreme Court

Decided May 26, 1920No. 2596PublishedCited by 47 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Tarrant County. Park sued Swartz and another for breach of contract and recovered judgment. Defendants appealed and secured a reversal, 159 S. W., 338. On dissent from this ruling by Chief Justice Conner, Park obtained writ of error.

1Opinion of the CourtChief Justice Phillips

The defendants Swartz and Harris entered into a written contract with the plaintiff Park whereby he was to have the exclusive agency for the sale of certain lots belonging to the defendants in a town in Oklahoma for a stipulated compensation for each sale. According to the findings of the trial court the plaintiff entered upon the performance of. the contract, expending about $1,000 in advertising the lots, for traveling expenses, etc., in carrying out the contract, and making a number of sales. While the contract was in full force, the defendants breached it and made its further performance…

2Cited by47 opinions

  1. Pickett v. BishopTexas Supreme Court · 1949
  2. Neece v. A. A. A. Realty Co.Texas Supreme Court · 1959
  3. Empire Gas & Fuel Co. v. PendarCourt of Appeals of Texas · 1922
  4. Gaede v. SK Investments, Inc., Texas Court of Appeals, 14th District (Houston)2001
  5. Sunshine v. ManosCourt of Appeals of Texas · 1973

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