Johnson v. Breckenridge-Stephens Title Co.
Court of Appeals of Texas
Appeal from District Court, Tarrant County; Bruce Young, Judge. Action by the Breckenridge-Stephens Title Company against Joe D. Johnson and others, in which defendants filed counterclaim. Judgment for the plaintiff for the amount admitted by defendants on his cause of action and against defendants on their counterclaim, and defendants appeal.
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Appeal from District Court, Tarrant County; Bruce Young, Judge. Action by the Breckenridge-Stephens Title Company against Joe D. Johnson and others, in which defendants filed counterclaim. Judgment for the plaintiff for the amount admitted by defendants on his cause of action and against defendants on their counterclaim, and defendants appeal. The appellee, a corporation formed for making, compiling, and owning abstracts of title to lands, brought the suit against appellants, who are copartners engaged in the business of making abstracts of title to land. The petition alleged: “That…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The jury made the finding- that the agreement was made according to the terms alleged by appellants in their cross-action. The court then concluded that the agreement, according to the evidence and as alleged and found by the jury to have been made, was, in legal effect, unilateral, and could not be enforced, as to the damages sought, specifically against the appellee.
Consequently the controlling question presented in the record to be determined is that of whether or not the court erred in concluding, as he did, that the contract relied on by appellants to…
2Cases cited2 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Goff v. SaxonCourt of Appeals of Kentucky · 1917
3Cited by4 opinions
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Clement v. Producers' Refining Co.Court of Appeals of Texas · 1925
- Davis v. Phillips A. Ryan Lumber Co.Court of Appeals of Texas · 1923
- American Const. Co. v. KraftCourt of Appeals of Texas · 1924