McCauley v. Long & Co.
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. J. Win-gate, special judge. The following statement, made by appellant, was concurred in by appellees as substantially correct: Suit for damages for breach of contract, brought by J. W. McCauley.
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Appeal from Jefferson. Tried below before the Hon. W. J. Win-gate, special judge. The following statement, made by appellant, was concurred in by appellees as substantially correct: Suit for damages for breach of contract, brought by J. W. McCauley. Plaintiff alleged in his petition in substance as follows: •On the 1st day of June, 1878, plaintiff and defendants entered into a written contract in effect and substance as follows: “ Plaintiff was to take charge of all logs put in the river at Yellow Bluff by defendants, as soon as put in the water at the skid ways of tram road; and to run and…
1Opinion of the Court
West, Associate Justice.—
The special exception of appellees to that portion of appellant’s original petition which set out at some length the former mode of rafting timber, etc., etc., going into particulars on that subject, and contrasting it unfavorably with the new and improved methods of appellant, was rightly stricken out. Evidence as to these subjects would be relevant on the question of damages, but it is not usual or proper that such matters should be set out at length and in detail in the pleadings.
All that is necessary, as has been frequently decided, is for the pleader to aver the…
2Cases cited6 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Oliver v. ChapmanTexas Supreme Court · 1855
- Chandler v. MecklingTexas Supreme Court · 1858
- Malone v. CraigTexas Supreme Court · 1858
- Wells's Adm'x v. FairbankTexas Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Smyth v. CaswellTexas Supreme Court · 1887
- Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910
- Naylor v. ParkerCourt of Appeals of Texas · 1911
- Greene Gold-Silver Co. v. SilbertCourt of Appeals of Texas · 1913
- Tippett v. GatesCourt of Appeals of Texas · 1920
10 more not listed; retrieve them via the Exa API.