Barber v. Herring
Texas Commission of Appeals
Error to Court of Civil Appeals of Second Supreme Judicial District. Suit by W. E. Herring, guardian, against A. C. Barber and others. From a judgment of the Court of Civil Appeals (203 S. W. 142), reversing a judgment for defendants, the latter bring error.
1Opinion of the CourtKittrell, J.
This case is reported in 203 S. W. 142. Before calling attention to certain fundamental principles, which appear to us to be controlling, it is logically in order to inquire what the situation of the *473parties to the contract of June 29, 1910, was.
Herring and wife on that day owned property on which they desired to build a home, but they were not financially able to do so. J. -Thomas Franklin, a ccmtractor to whom they applied to build the home, was not able to furnish the material and execute the contract without assistance, and he went to a firm designated for convenience hereinafter as the…
2Cases cited13 opinions
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Lippencott v. YorkTexas Supreme Court · 1893
- De Bruhl v. MaasTexas Supreme Court · 1881
- Pinchain v. CollardTexas Supreme Court · 1855
- Colleps v. George W. Smith Lumber Co.Court of Appeals of Texas · 1916
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3Cited by19 opinions
- Texas Co. v. TuckerCourt of Appeals of Texas · 1939
- Standard Savings & Loan Ass'n v. DavisCourt of Appeals of Texas · 1935
- Birk v. JacksonCourt of Appeals of Texas · 1934
- First Nat. Bank of Kosse v. ShawCourt of Appeals of Texas · 1924
- Moore v. WestCourt of Appeals of Texas · 1922
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