Victor Safe & Lock Co. v. Texas State Trust Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Tarrant County. The Safe Company sued to recover property sold and delivered to the Trust Company and not paid for. Defendants had judgment, which was affirmed on appeal by plaintiff, who thereupon obtained writ of error.
1Opinion of the CourtJustice Williams
This suit was brought by plaintiffs in- error against the defendants to recover a safe which the Trust Company had bought from plaintiffs and afterwards sold to its codefendant, the Bank of Commerce. The plaintiff claimed that its title had never passed for the reason, chiefly, that the sale was- a conditional one for cash to be paid on delivery of the safe, which condition had never been performed. The facts, omitting unimportant details, are that the safe was ordered of plaintiff, whose place of business was Cincinnati, for the Trust Company at Fort Worth, in October, 1903, the order…
2Cases cited6 opinions
- Lang v. RickmersTexas Supreme Court · 1888
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Miller v. StevensMassachusetts Supreme Judicial Court · 1868
- Van Duzor v. AllenIllinois Supreme Court · 1878
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3Cited by11 opinions
- Marcus v. ArmerTexas Supreme Court · 1928
- Nicewarner v. AlstonCourt of Appeals of Texas · 1950
- Luse v. Crispin CompanyCourt of Appeals of Texas · 1961
- Menke v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1918
- John E. Morrison & Co. v. MurffCourt of Appeals of Texas · 1919
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