Legal Opinion

H. J. Allen & Bros. v. Melton

Texas Supreme Court

Decided July 1, 1885No. Case No. 5555PublishedCited by 5 opinions

Appeal from Taylor. Tried below before the Hon. M. A. Spoonts, Special J udge. ' Appellants brought this suit against appellee June 4, 1884, in a justice’s court, to recover the sum of $61.74, the value of two thousand nine hundred and forty feet of lumber claimed to have been taken and used by appellee.

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Appeal from Taylor. Tried below before the Hon. M. A. Spoonts, Special J udge. ' Appellants brought this suit against appellee June 4, 1884, in a justice’s court, to recover the sum of $61.74, the value of two thousand nine hundred and forty feet of lumber claimed to have been taken and used by appellee. Judgment was rendered for appellee June 30, 1884, arid an appeal was taken to the county court; the judge thereof being disqualified, the cause was transferred to the district court, where it was tried without a jury, and judgment was again rendered for the appellee. The case made was that…

1Opinion of the Court

Watts, J. Com. App.

Appellee’s only defense to the action was based upon an asserted sale of the lumber by Q-. A. Porter, the agent of appellants, to H. A. Porter. And upon a consideration of the evidence adduced, the court below found that such sale had been *219made as would vest the title to the particular lumber in H. A. Porter, and which by his sale passed to appellee.

This finding of the court is not supported by, but is against, the evidence. There was no delivery of the lumber to H. A. Porter; it had not been separated from the mass of lumber with which it was mixed. As said by Judge Story…

2Cases cited1 opinion

  1. Cleveland v. WilliamsTexas Supreme Court · 1867

3Cited by5 opinions

  1. Blackwood v. Cutting Packing Co.California Supreme Court · 1888
  2. Hopkins v. PartridgeTexas Supreme Court · 1888
  3. Gravity Canal Co. v. SiskCourt of Appeals of Texas · 1906
  4. Weaver Bros. v. JaggersCourt of Criminal Appeals of Texas · 1931
  5. Crowdus Bros. v. B. H. Sanders & Co.Court of Appeals of Texas · 1889

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