Legal Opinion

Byrd v. Crazy Water Co.

Court of Appeals of Texas

Decided March 16, 1940No. 12860PublishedCited by 14 opinions

1Opinion of the Court

LOONEY, Justice.

S. L. Byrd, appellant, sued Crazy Water 'Company, the appellee, for damages, alleging breach of a sales contract. The trial court sustained a general demurrer, dismissed the suit, from which Byrd appealed.

The judgment of the court below is sought to be sustained on two grounds, (1) that the contract sued upon was unenforceable, in that is violated the Anti-Trust Statutes of the State, Vernon’s Ann.Civ.St. art. 7426 et seq.; and (2) because, under a plain, unambiguous provision, it was terminable at any time by either party.

Appellant resided at, and operated from Los Angeles,…

2Cases cited4 opinions

  1. Fuqua, Hinkle & Davis v. Pabst Brewing Co.Texas Supreme Court · 1897
  2. American Brewing Ass'n v. WoodsTexas Commission of Appeals · 1919
  3. Henderson Tire & Rubber Co. v. RobertsTexas Commission of Appeals · 1929
  4. J. R. Watkins Co. v. McMullanCourt of Appeals of Texas · 1928

3Cited by14 opinions

  1. Clear Lake City Water Authority v. Clear Lake Utilities Co.Texas Supreme Court · 1977
  2. Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
  3. Tanenbaum Textile Co. v. SidranCourt of Appeals of Texas · 1967
  4. Watson v. Zep Manufacturing Co.Court of Appeals of Texas · 1979
  5. Sloan v. Miami Margarine Co.Court of Appeals of Texas · 1952

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