Furrh v. Western Union Telegraph Co.

Mr. Presiding Judge POWELL

delivered the opinion of the Commission of Appeals, Section A.

*128This case is before the Supreme Court upon the following certificate from the Honorable Court of Civil Appeals of the Sixth District:

“In November, 1920, John W. Furrh, the plaintiff in the above entitled suit, who resided in Marshall, sold and delivered 1,000 bales of cotton to Dorrance & Company, buyers, in business in Houston. At the times he shipped the cotton Furrh drew drafts (which were paid) on Dorrance & Company for sums representing the then market value of the cotton. It appeared, however, that…