Gulf, Colorado & Santa Fe Railway Co. v. McCarty

COLLARD, Judge,

Section A.—This case was formerly on appeal to the Supreme Court, and will be found reported in 79 Texas, page 33. The suit is upon two counts. The first is upon a verbal contract between the parties, by which the defendant company, acting by its station agent at Ballinger, Texas, agreed to furnish plaintiffs cars to ship about 300 head of beef cattle to Chicago for market, on the 24th of September, 1887, defendant’s agent being notified of the object in shipping. It is alleged that defendant failed to furnish the cars until four days later than agreed—that is, on the 28th of…