Waco Tap Railroad v. Shirley
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. D. M. Prendergast. Thomas M. Shirley sued the Waco and Northwestern Railroad Company to the Fall Term of the District Court of McLennan county, 1869, setting up the contract following, and alleging, that plaintiff had in all things complied with the preliminary obligations on his part to its validity; his active entrance upon his work under it; his successful and energetic work towards the completion of said work, and that…
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Appeal from McLennan. Tried below before the Hon. D. M. Prendergast. Thomas M. Shirley sued the Waco and Northwestern Railroad Company to the Fall Term of the District Court of McLennan county, 1869, setting up the contract following, and alleging, that plaintiff had in all things complied with the preliminary obligations on his part to its validity; his active entrance upon his work under it; his successful and energetic work towards the completion of said work, and that the officers of said company, without cause, and in wrong, had broken off the same; withheld pay for his labor, loss, and…
1Opinion of the Court
Moore, Associate Justice.
On the 26th day of July, 1870, Thomas M.. Shirley, the defendant in error, brought suit against the Waco Tap Railroad Company for the recovery of damages for alleged violation of a contract made on the 29th day of July, 1869, wherein he, said Shirley, undertook and bound himself to construct said company’s road, from its junction with the Houston and Texas Central Bail-way to the city of Waco. On the trial of the cause a judgment was rendered against the plaintiff in error for the sum of one hundred and seven thousand six hundred and eighty dollars and ninety-five…
2Cases cited5 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1868
- Hale v. TroutCalifornia Supreme Court · 1868
- Burrell v. New York & Saginaw Solar Salt Co.Michigan Supreme Court · 1865
- Seaton v. Second MunicipalitySupreme Court of Louisiana · 1848
3Cited by39 opinions
- Sun Oil Co. v. BennettTexas Supreme Court · 1935
- Moore v. GieseckeTexas Supreme Court · 1890
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
- Cates v. L. C. Sparkman & Wise County Coal Co.Texas Supreme Court · 1889
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