Landrum v. Thomas
Court of Appeals of Texas
Appeal from District Court, Williamson County; Chas. A. Wilcox, Judge. Action by B. W. Landrum against E. M. Thomas. Judgment for defendant. Plaintiff appeals. This is a suit by B. W. Landrum against E. M. Thomas, in which the plaintiff sought to recover damages growing out of a shortage in the sale of a tract of land. The defendant’s answer included exceptions and a general and special denial.
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Appeal from District Court, Williamson County; Chas. A. Wilcox, Judge. Action by B. W. Landrum against E. M. Thomas. Judgment for defendant. Plaintiff appeals. This is a suit by B. W. Landrum against E. M. Thomas, in which the plaintiff sought to recover damages growing out of a shortage in the sale of a tract of land. The defendant’s answer included exceptions and a general and special denial. There was a jury trial, which resulted in a verdict and judgment for the defendant, and the plaintiff has prosecuted this appeal. Omitting formal parts, the ease was submitted to the jury under a…
1Opinion of the CourtKey, C. J.
(after stating the facts as above). The assignments of error presented in appellant’s brief present substantially the following contentions: First, error in the court’s charge, because of the omission to submit the question of mutual mistake; second, the refusal of an instruction, asked by appellant, which it is claimed would have cured the alleged error in the court’s charge; and, third, that the verdict is not supported by the testimony.
[1] As to the first question, the appellant contends that, if the charge requested by him was not properly framed, it was sufficient to call the attention…
2Cases cited1 opinion
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
3Cited by12 opinions
- Miller v. Fenner, Beane & UngerleiderCourt of Appeals of Texas · 1935
- Starnes v. MotsingerCourt of Appeals of Texas · 1925
- Stedman Fruit Co. v. SmithCourt of Appeals of Texas · 1931
- Collins v. MegasonCourt of Appeals of Texas · 1921
- Lloyd v. JunkinCourt of Appeals of Texas · 1934
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