Legal Opinion

National Novelty Import Co. v. Duncan

Court of Appeals of Texas

Decided January 26, 1916No. 908PublishedCited by 10 opinions

Appeal from Gray County Court; Siler Faulkner, Judge. Action by the National Novelty Import Company against W. E. Duncan. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

The appellant instituted suit against the appellee, for the sale and delivery of certain items of jewelry and upon the following order, signed by the appellee:

"National Novelty Import Company, St. Louis, Mo. — Gentlemen: Please ship at your earliest convenience f. o. b. St. Louis, goods above listed, on above terms, which we have carefully read and found satisfactory. We agree that no statements made by ourselves or the salesmen will be a part of this agreement, unless indorsed in writing on the original order. Positively no goods on commission or consignment. [Signed] W. E. Duncan,
"Pampa,…

2Cases cited2 opinions

  1. Parker v. NaylorCourt of Appeals of Texas · 1912
  2. Bybee v. Embree-Mclean Carriage Co.Court of Appeals of Texas · 1911

3Cited by10 opinions

  1. Street v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1916
  2. Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
  3. American Slicing MacH. Co. v. VincentCourt of Appeals of Texas · 1926
  4. Landfried v. MilamCourt of Appeals of Texas · 1919
  5. Huddleston v. LumberCourt of Appeals of Texas · 1934

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