Anderson v. Martindale & Schultz
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought by E. L. Anderson against Martindale & Schultz for the balance of an account for services rendered by Anderson in selling flour for Martindale & Schultz under a contract with them, wherein (as claimed by Anderson) it was agreed that he should be paid at the rate of twenty cents a barrel for all flour shipped by Martindale & Schultz to the Texas trade after employment of Anderson, from January,…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought by E. L. Anderson against Martindale & Schultz for the balance of an account for services rendered by Anderson in selling flour for Martindale & Schultz under a contract with them, wherein (as claimed by Anderson) it was agreed that he should be paid at the rate of twenty cents a barrel for all flour shipped by Martindale & Schultz to the Texas trade after employment of Anderson, from January, 1878, to the 29th of June, 1881; the defendants M. & S. claiming that the contract between the parties was that the…
1Opinion of the Court
Willie, Chief Justice.—
Only one of the assignments of error is •relied on for a reversal of the judgment rendered in this cause. This relates to the special charge given at the request of the defendants. The objection made to it is, that it assumes facts as proved which had not been established, and that it is a charge on the weight of evidence.
Without going into a detail of the testimony, which is conflicting upon almost every point, it is sufficient to say that the witnesses for defendants (who appear to have been believed by the jury) proved that the contract was as alleged by the…
2Cases cited3 opinions
- Hurt v. EvansTexas Supreme Court · 1878
- Howerton v. HoltTexas Supreme Court · 1859
- Hamilton v. BrooksTexas Supreme Court · 1879
3Cited by2 opinions
- State v. BrinkerhoffTexas Supreme Court · 1886
- Houston East & West Texas Railway Co. v. GranberryCourt of Appeals of Texas · 1897