Hamilton & Young v. Willing
Texas Supreme Court
Appeal from Tarrant. Tried below before Hon-. R. E. Beckham. Suit by appellants alleging that appellants were a firm doing business ■in Dallas, Texas, and that they had theretofore between March 7, 1884, and the last of July, 1884, delivered to J. D. Parks, then at Fort Worth, but who suddenly died in the last of July, 1884, goods to the amount in value of algout $2100, which Parks never returned nor accounted for; that the goods were delivered under a written contract…
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Appeal from Tarrant. Tried below before Hon-. R. E. Beckham. Suit by appellants alleging that appellants were a firm doing business ■in Dallas, Texas, and that they had theretofore between March 7, 1884, and the last of July, 1884, delivered to J. D. Parks, then at Fort Worth, but who suddenly died in the last of July, 1884, goods to the amount in value of algout $2100, which Parks never returned nor accounted for; that the goods were delivered under a written contract entered into by them and Parks and signed by both parties on the 7th day of March, 1884, which stipulated that appellants…
1Opinion of the Court
Coddard, Judge.—
The written contract between Hamilton & Young of the one part and J. D. Parks of the other is clear and unmistakable. It is an agreement that the former should furnish the latter with goods to be sold by him on commission for their account, the stock in store and accounts of sales to be the property of the consignors, subject to their demand, accounts of sales to be made and remitted for semi-monthly on the first and fifteenth of each month—these relations to cease at the option of the consignors. Parol evidence was admitted which shows that Parks was to account for the goods…
2Cases cited1 opinion
- Nutter v. WheelerDistrict Court, D. Massachusetts · 1874
3Cited by7 opinions
- Falls Rubber Co. v. La FonTexas Commission of Appeals · 1923
- Stein Double Cushion Tire Co. v. Wm. T. Fulton Co.Court of Appeals of Texas · 1913
- Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
- Ewalt v. LunaCourt of Appeals of Texas · 1958
- Overstreet v. HancockCourt of Appeals of Texas · 1915
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