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Legal Opinion

Amsler v. D. S. Cage & Co.

Court of Appeals of Texas

Decided January 22, 1923No. 815PublishedCited by 10 opinions

Appeal from Harris County Court; Jno. W. Lewis, Judge. Action by D. S. Cage & Co. against Mrs. Julia ■ Amsler. Judgment for ■ plaintiff, and defendant appeals.

1Opinion of the CourtO’Quinn, J.

D. S. Cage of Houston, doing business under the firm name of D. S. Cage & Co., ordered of the C. Amsler’s Estate of Hempstead: ,

“One (1) car clean, dry No. 1'Spanish peanuts, in good sacks, at price of $1.10 per bushel of 30 lbs. each, sacked, f. o. b. Howth, Texas.

/ “Terms: Sight draft, bill lading attached; inspection allowed before draft is paid.

“Shipment: To us at Houston within one week from date hereof.
“Conditions: Destination, weights and grades fully guaranteed by you.”

The peanuts were shipped from- Howth on February 1st, after the contract was made, but for some reason not shown were…

2Cases cited4 opinions

  1. East Texas Fire Ins.v. CoffeeTexas Supreme Court · 1884
  2. State v. Farmers' Loan & Trust Co.Texas Supreme Court · 1891
  3. Hamilton v. James A. Cushman Manufacturing Co.Court of Appeals of Texas · 1897
  4. Kernagan v. City of Ft. WorthCourt of Appeals of Texas · 1917

3Cited by10 opinions

  1. Kelley v. Bluff Creek Oil CompanyTexas Supreme Court · 1958
  2. Kelley v. Bluff Creek Oil Co.Court of Appeals of Texas · 1956
  3. Johnson v. CoferCourt of Appeals of Texas · 1938
  4. Eckel v. Camden Fire Ins. Ass'n.Court of Appeals of Texas · 1928
  5. State v. Dill, Texas Court of Appeals, 6th District (Texarkana)2011

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