Bogata Mercantile Co. v. Outcault Advertising Co.
Court of Appeals of Texas
Appeal from Red River County Court; George Morrison, Judge. Action by tlie Outcault Advertising Company against the Bogata Mercantile Company. Judgment for plaintiff, and defendant appeals. Appellant, a Texas corporation, carried on its mercantile business at Bogata, in this state. Appellee, an Illinois corporation, carried on its advertising business at Chicago, in that state.
Read the full summary
Appeal from Red River County Court; George Morrison, Judge. Action by tlie Outcault Advertising Company against the Bogata Mercantile Company. Judgment for plaintiff, and defendant appeals. Appellant, a Texas corporation, carried on its mercantile business at Bogata, in this state. Appellee, an Illinois corporation, carried on its advertising business at Chicago, in that state. September 24, 1913, appellant, through one of appellee’s traveling agents in this state, sent it an order as follows: “Order No. 151. “To Outcault Advertising Co., 508 S. Dearborn St., Chicago, Ill.: “Date Sept. 24,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] The transaction between appellant and appellee evidenced by the contract was interstate commerce, and hence not subject to the anti-trust laws of this state. Albertype Co. v. Gust Feist Co., 102 Tex. 219, 114 S. W. 791; Eclipse Paint & Mfg. Co. v. New Process Roofing & Supply Co., 55 Tex. Civ. App. 553, 120 S. W. 532; Moroney Hardware Co. v. Goodwin Pottery Co., 120 S. W. 1088; McCall Co. v. Stiff Dry Goods Co., 142 S. W. 661; Koch Vegetable Tea Co. v. Malone, 163 S. W. 663. Therefore the first and second assignments are overruled.
[2] There was evidence…
2Cases cited6 opinions
- Porter & McMillan v. Burkett, Murphy & BurnsTexas Supreme Court · 1886
- Albertype Co. v. Gust Feist Co.Texas Supreme Court · 1908
- Simon v. NanceCourt of Appeals of Texas · 1911
- Eclipse Paint & Manufacturing Co. v. New Process Roofing & Supply Co.Court of Appeals of Texas · 1909
- Dr. Koch Vegetable Tea Co. v. MaloneCourt of Appeals of Texas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
- Reynolds Metal Co. v. TL James & Co.Louisiana Court of Appeal · 1954
- Norm Advertising, Inc. v. ParkerLouisiana Court of Appeal · 1937
- Fritz v. SkilesCourt of Appeals of Texas · 1937
5 more not listed; retrieve them via the Exa API.