Cleveland & Cameron v. Heidenheimer
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Heidenheimer sued Cleveland & Cameron, who appealed from the-judgment which he recovered against them and on its affirmance obtained writ of error. The case upon a first appeal was reversed by the Supreme Court on opinion by the Commissioners of Appeals. Heidenheimer v. Cleveland, 17 S. W. Rep., 524. A second judgment for defendant was also reversed on appeal.
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Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Heidenheimer sued Cleveland & Cameron, who appealed from the-judgment which he recovered against them and on its affirmance obtained writ of error. The case upon a first appeal was reversed by the Supreme Court on opinion by the Commissioners of Appeals. Heidenheimer v. Cleveland, 17 S. W. Rep., 524. A second judgment for defendant was also reversed on appeal. Heidenheimer v. Cleveland, 11 Texas Civ. App., 546.
1Opinion of the Court
GAINES, Chief Justice.
Cleveland & Cameron, the plaintiffs in error, on the first day of February, 1883, made a written contract with I. Heidenheimer, the defendant in error, in which the latter agreed to deliver to the former 200,000 pounds of bacon in August of the same year, and the former agreed to pay therefor at the rate of $10.85 per hundred pounds. The contract contained other stipulations, which for the purposes of this opinion need not be mentioned. The bacon was tendered, but the plaintiffs in error refused to accept it and pay the price therefor. Heidenheimer brought this suit to…
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