Fortson Grocery Co. v. Pritchard Rice Milling Co.
Court of Appeals of Texas
Appeal from District Court, Harris County ; Charles E. Ashe, Judge. Suit by the Fortson Grocery Company against the Pritchard Rice Milling Company. From judgment for defendant, plaintiff appeals. This was a suit by the grocery company against the milling company for damages for an alleged breach by the latter of a contract to sell and deliver a car load of rice to the former.
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Appeal from District Court, Harris County ; Charles E. Ashe, Judge. Suit by the Fortson Grocery Company against the Pritchard Rice Milling Company. From judgment for defendant, plaintiff appeals. This was a suit by the grocery company against the milling company for damages for an alleged breach by the latter of a contract to sell and deliver a car load of rice to the former. From the testimony at the trial and findings of the court below it appears that on November 8, 1916, the grocery company at Corsicana and the milling company at Houston entered into a contract in writing whereby the…
1Opinion of the Court
WILLSON, C. J.'
(after stating the facts as above). [1] The assignment, attacking as unauthorized by the testimony the finding of the trial court that by the terms of the contract the grocery company “was to furnish shipping instructions before” the milling company “was to ship or deliver the car of rice,” is overruled. Not only was there testimony which warranted the finding, but the grocery company in its petition alleged that by the terms of the contract it was to “appoint the time for the delivery” of the rice.
[2] The assignment, attacking on a like ground the finding that it was the…
2Cited by2 opinions
- Internatio-Rotterdam, Inc. v. River Brand Rice Mills, Inc.Court of Appeals for the Second Circuit · 1958
- Jon-T Farms, Inc. v. Perryton Equity ExchangeCourt of Appeals of Texas · 1978