Gray v. Eleazer

KEY, Associate Justice.

Appellant being a public weigher in Delta County, brought this suit against appellees to recover statutory penalties and punitory damages on account of the latter’s weighing cotton for other persons and charging fees therefor in the territory wherein appellant was the public weigher. The petition did not charge that the defendants were factors or commission merchants, or persons engaged in a similar business. The trial court, following Whitfield v. Terrell Compress Co., 62 S. W. Rep., 117 and Galt v. Holder, 75 S. W. Rep., 568, held that on account of the omission…