Vance v. Saathoff
Texas Commission of Appeals
Appeal from Medina county. Opinion by Walker, J. Statement.— This suit was brought for rescission and. cancellation of a sale made by Saathoff to Vance, of two stocks of cattle as they run in the range, which were designated by brands “ J S” and “U L,” and not by specified enumeration, nor at a certain rate per head. The contract of sale was for the sale of the above-named brands or stocks of cattle, for sums of money agreed on, in gross, for each of the respective brands.
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Appeal from Medina county. Opinion by Walker, J. Statement.— This suit was brought for rescission and. cancellation of a sale made by Saathoff to Vance, of two stocks of cattle as they run in the range, which were designated by brands “ J S” and “U L,” and not by specified enumeration, nor at a certain rate per head. The contract of sale was for the sale of the above-named brands or stocks of cattle, for sums of money agreed on, in gross, for each of the respective brands. The plaintiff claimed a rescission of the sale on the ground of false and fraudulent representations made by the…
1Opinion of the Court
The facts alleged by the plaintiff showed a deficiency in numbers of the cattle so great, although the cattle were not sold per head, nor under a contract which implied that the stocks should contain any particular and exact number, as to constitute, evidently, if true, a substantial and material consideration in the proper construction of the contract. The issues between the parties were formed, and the case was submitted and determined in the court below, upon the theory that the facts stated in the plaintiff’s petition con*659stituted a good cause of action, which entitled him, if sustained by…
2Cases cited8 opinions
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Styles v. GrayTexas Supreme Court · 1853
- Latham v. SelkirkTexas Supreme Court · 1854
- Wheeler v. StateTexas Supreme Court · 1852
- Baldridge v. GordonTexas Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Grisdale v. ThompsonCourt of Appeals of Texas · 1922