Gerhard v. Neese

The facts of this case are in many respects quite *636similar to those in House v. Soder, just decided by this court, and the same principles of law must govern both.

The appellant’s intestate contracted in 1865, to haul from Fayette county, Texas, to Brownsville, or Bio Grande City, Texas, for appellee, a certain quantity of cotton for a stipulated price, and to deliver the same to the order of J. W. Bobinson. The cotton was hauled to Brownsville in compliance with the «terms of the contract, hut, when it arrived there, neither J. W. Bobinson nor his order could be found, and the cotton could not…