Keating Implement & MacHine Co. v. Terre Haute Carriage & Buggy Co.

HEAD, Associate Justice.

Appellant and appellee were both creditors of Culbertson, Wright & Co., who conducted in Fort Worth a general wholesale and retail business in carriages, wagons, etc. That firm became financially embarrassed, and one of the members, on October 23, 1892, telegraphed to appellee as follows: “I am in trouble. Appoint W. J. Tackaberry agent to take goods out of our hands. Act quick.” In response, appellee on the next day telegraphed Tackaberry: “Get all vehicles our make out of hands Culbertson, Wright & Co. Wire numbers.”

At the time of this correspondence, the notes of…