Yetter v. Hudson
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit filed May 6, 1881, in the district court of Tarrant county, by appellants, to recover from W. T. Hudson $14,200 damages, alleged to be due from Hudson to appellants, by reason of a breach of contract on the part of Hudson to 'deliver to appellants on the 1st day of May, 1881, sixteen hundred head of yearling steer cattle, at $6.50 per head.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit filed May 6, 1881, in the district court of Tarrant county, by appellants, to recover from W. T. Hudson $14,200 damages, alleged to be due from Hudson to appellants, by reason of a breach of contract on the part of Hudson to 'deliver to appellants on the 1st day of May, 1881, sixteen hundred head of yearling steer cattle, at $6.50 per head. The First National Bank of Fort Worth was also made a defendant, as a depositary of certain collaterals as securities, under allegations that the parties making the contract here sued on…
1Opinion of the Court
Walker, P. J. Com. App.
The legal effect of the exclusion of the testimony which the plaintiffs offered, and of the refusal to give the instructions numbered two and three, asked by the plaintiffs, was for the court to deny to them, under the pleadings and evidence, the right to recover any damages for the breach of the contract sued on, other than the money paid out, with legal interest upon the amount ($7,000) which the plaintiffs had advanced to the defendant at the time of entering into the contract.
The measure of damages for a breach of the contract by the defendant was established by the…
2Cases cited6 opinions
- Durst v. SwiftTexas Supreme Court · 1854
- Moore v. AndersonTexas Supreme Court · 1867
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1814
- Davis v. FreemanMichigan Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Eakin v. ScottTexas Supreme Court · 1888
- Lipscomb v. FuquaTexas Supreme Court · 1910
- Beckham v. ScottCourt of Appeals of Texas · 1911
- Bourland v. HuffhinesCourt of Appeals of Texas · 1922
- Huffhines v. BourlandTexas Commission of Appeals · 1926
25 more not listed; retrieve them via the Exa API.