Welch v. Phelps & Bigelow Wind Mill Co.
Texas Supreme Court
Certified question from Court of Civil Appeals, Second District, in an appeal from District Court of Armstrong County. The question answered and the provisions of the contract upon which it arose are stated in the opinion of the court.
1Opinion of the Court
DENMAN, Associate. Justice.
The Phelps & Bigelow Windmill Company, of Kansas City, Missouri, party of the first part, on the' 22d day of May, 1890, entered into a contract with Welch and others, partners under the style of The Claude Lumber Company, of Claude, Texas, parties of the second part, wherein first party agreed (1) to give to the second party the exclusive right to sell during the year 1890 a certain patent of windmill, manufactured by first party, in certain named counties, but in no other; (2) “to ship to party of second part from time to time such windmills as it may deem…
2Cases cited3 opinions
- Texas & Pacific Coal Co. v. LawsonTexas Supreme Court · 1896
- Milburn Manufacturing Co. v. PeakTexas Supreme Court · 1896
- Houck & Dieter v. Anheuser-Busch Brewing Ass'nTexas Supreme Court · 1895
3Cited by24 opinions
- State of California Ex Rel. Van De Kamp v. TexacoCalifornia Supreme Court · 1988
- Gates v. HooperTexas Supreme Court · 1897
- Whitwell v. Continental Tobacco Co.Court of Appeals for the Eighth Circuit · 1903
- State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
- Reeves v. Decorah Farmer's Cooperative SocietySupreme Court of Iowa · 1913
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