Legal Opinion

Davis v. Stamford Mill & Elevator Co.

Court of Appeals of Texas

Decided March 8, 1924No. 10506PublishedCited by 5 opinions

Appeal from District Court, Haskell County; W. R. Chapman, Judge. Action by the Stamford Mill & Elevator Company and others against James C. Davis, Director General of Railroads, and others. From a judgment for plaintiff against the named defendant, and judgment in favor of the unnamed defendants, the named defendant appeals.

1Opinion of the CourtRuck, J.

The Stamford Mill & Elevator Company sued A. G. Macon and J. P. Macon, constituting the firm of Macon Bros, and doing business at the town of Rochester, Tex., also,James C. Davis, Director or Agent of Railroads. The plaintiff alleged that it had purchased from Macon Bros.' a carload of wheat, then en route from Rochester to Fort Worth; that the plaintiff desired that said wheat be delivered at Galveston, and that Macon Bros, promised to divert and ship said car to Galveston; that defendant Macon Bros, did not properly divert said car, and that on about December 27, 1919, over four months…

2Cases cited5 opinions

  1. Texas Central Railroad v. Hannay-Frerichs & Co.Texas Supreme Court · 1912
  2. Texas & P. Ry. Co. v. ErwinCourt of Appeals of Texas · 1915
  3. Hill v. DavisCourt of Appeals of Texas · 1923
  4. Missouri, K. & T. Ry. Co. of Texas v. GrayCourt of Appeals of Texas · 1913
  5. J. M. Guffey Petroleum Co. v. HamillCourt of Appeals of Texas · 1906

3Cited by5 opinions

  1. Ingram v. GentryCourt of Appeals of Texas · 1947
  2. Brazos River Gas Co. v. McGarrCourt of Appeals of Texas · 1938
  3. City of Texarkana v. Arkansas Louisiana Gas Co.Court of Appeals for the Fifth Circuit · 1940
  4. Coleman Mut. Life Ins. Ass'n v. LasseterCourt of Appeals of Texas · 1943
  5. Heman-Cook Lumber Co. v. FogartyCourt of Appeals of Texas · 1929

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