Legal Opinion

Central Sales Co. v. Everybody's Garage

Court of Appeals of Texas

Decided April 13, 1921No. 6355PublishedCited by 2 opinions

Appeal from McLennan County Court; James P. Alexander, Judge. Action by the Central Sales Company against Everybody’s Garage and others. Judgment for defendants, and plaintiff appeals.

1Opinion of the Court

Findings of Fact.

JENKINS, J.

The appellant, whose place of business is Waco, Tex., sold to Everybody’s Garage, a partnership, whose place of business was at De Leon, Tex., certain automobile accessories, and shipped the same to the garage company by express. After the delivery of the goods to the express company, but before their arrival at De Leon, the garage company sold its business and property to Maloy and Joyner, and delivered to them the goods in question. Appellant brought this suit to rescind the sale and to recover said goods.

The Shear Grocery Company, a corporation, and the Hayes…

2Cases cited3 opinions

  1. Halliday v. HamiltonSupreme Court of the United States · 1871
  2. Craig v. Marx & KempnerTexas Supreme Court · 1886
  3. Embree-Mclean Carriage Co. v. LuskCourt of Appeals of Texas · 1895

3Cited by2 opinions

  1. General Electric Credit Corp. v. First National Bank of DumasCourt of Appeals of Texas · 1968
  2. R. E. McDonald Co. v. GoldbergCourt of Appeals of Texas · 1921

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