Flores v. Smith
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. This was an action by appellees for damages resulting from a breach of contract by appellant.
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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. This was an action by appellees for damages resulting from a breach of contract by appellant. The petition alleged: “That heretofore on, to-wit, the fifteenth day of December, 1881, the defendant for a valuable consideration, made and entered into a certain agreement with plaintiffs, whereby the defendant undertook and promised to deliver to plaintiffs at the ranchos of him, (defendant) in the county of Bexar, aforesaid, on the fifteenth day of March, 1882, all the certain mares then on, to-wit, the fifteenth day of December, 1881,…
1Opinion of the Court
Robertson, Associate Justice.
By the contract averred, the plaintiffs were bound to take, at the price of $10.00 per head, all of the defendant’s mares. By the contract proven they were bound to take those only which were neither aged nor crippled. The number of animals embraced in the two contracts would be different, and the aggregate sum to be paid would be greater in the one trade than in the other. The two contracts are not the same in substance. For *116the breach of the one declared upon, no damage was shown, because there was no proof of the number of aged or crippled animals in…
2Cited by4 opinions
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