Taylor Milling Co. v. American Bag Co.
Court of Appeals of Texas
Appeal from Williamson County Court; D. W. Wilcox, Special Judge. Suit by the American Bag Company against the Taylor Milling Company.
1Opinion of the CourtJenkins, J.
This suit'was brought by appellee to recover the price of certain sacks which appellant admits it'received and has not paid for. ¡
Appellant answered by. way of cross-bill that it had been damaged by appellee’s breach of contract to ship it 20,000 flour sacks at an agreed price/
Appellee filed numerous special exceptions, the substance of which is that appellant’s cross-bill appears upon jits face to be an attempt to vary a written contract by oral testimony. The ground for these exceptions is that certain exhibiis attached to defendant’s answer show that the.^ contract pleaded by appellant was…
2Cases cited5 opinions
- Secombe v. SteeleSupreme Court of the United States · 1858
- Kirchoff v. VossTexas Supreme Court · 1887
- Ahl v. JohnsonSupreme Court of the United States · 1858
- Moreland v. PageSupreme Court of the United States · 1858
- Skinner v. WaitsCourt of Appeals of Texas · 1919
3Cited by14 opinions
- Siderius, Inc. v. Wallace Co., Inc.Court of Appeals of Texas · 1979
- NHA, INC. v. JonesCourt of Appeals of Texas · 1973
- Shields v. DunlapCourt of Appeals of Texas · 1943
- Curlee Clothing Co. v. LoweryCourt of Appeals of Texas · 1925
- Little v. PerryCourt of Appeals of Texas · 1966
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