Gammage v. Alexander
Texas Supreme Court
Appeal from Harrison. There was proof, that the defendant contracted with the plaintiff to make the articles for him, to be ready by the first of June, 1851; and that the defendant was to pay for them in corn, that season, at seventy-five cents per bushel; but there was no evidence of any special contract as to the price to be paid for them; it was proved that the defendant applied for them early in June, and was told that they were not ready, but would be ready by the time…
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Appeal from Harrison. There was proof, that the defendant contracted with the plaintiff to make the articles for him, to be ready by the first of June, 1851; and that the defendant was to pay for them in corn, that season, at seventy-five cents per bushel; but there was no evidence of any special contract as to the price to be paid for them; it was proved that the defendant applied for them early in June, and was told that they were not ready, but would be ready by the time the defendant’s wagon went west, to which defendant made no reply, but went away; that the defendant’s wagon, about the…
1Opinion of the Court
Hemphill, Ch. J.
The petition sets forth, in substance, that James S. Alexander, the plaintiff below, (the appellee in this Court,) is a machinist, and manufacturer of gins, mills, &c., and that Thomas T. Gammage, the deceased intestate, now represented by the appellant, and the plaintiff, in the early part of 1851, made a mutual contract, the plaintiff undertaking to •find materials, and make for defendant a grist mill, of the cash value of one hundred and twenty-five dollars ; a cotton gin, of the cash value of one hundred and fifty dollars; and to have the same ready for defendant to send…
2Cited by51 opinions
- Woodard v. Southwest States, Inc.Texas Supreme Court · 1964
- Morris v. KaslingTexas Supreme Court · 1890
- Tufts v. T. L. Lawrence & Co.Texas Supreme Court · 1890
- Henderson v. DavisCourt of Appeals of Texas · 1917
- Texas Employers' Ins. v. FitzgeraldTexas Commission of Appeals · 1927
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