McAuley & Clampitt v. Harris
Texas Supreme Court
Appeal from Tom Green. Tried below before the Hon. Wm. Kennedy. This is an appeal from a judgment below for two thousand eight hundred and sixty-eight dollars in favor of Harris, the appellee, against appellants. The suit was upon the following contract: “THE STATE OF TEXAS, ) Tom Green County. j Know all men by these presents, That L. B. Harris, party of the first part, and J. W. Clampitt and Wm.
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Appeal from Tom Green. Tried below before the Hon. Wm. Kennedy. This is an appeal from a judgment below for two thousand eight hundred and sixty-eight dollars in favor of Harris, the appellee, against appellants. The suit was upon the following contract: “THE STATE OF TEXAS, ) Tom Green County. j Know all men by these presents, That L. B. Harris, party of the first part, and J. W. Clampitt and Wm. McAuley, parties of the second part, have this day entered into the following agreement, to-wit: The said Harris agrees that the said McAuley & Clampitt may put into his pasture on the Colorado…
1Opinion of the Court
Collard, Judge.
1. The court gave the jury a rule of computing the amount due plaintiff Harris, in case their finding should be for him, substantially according to the terms of the contract.
The rule furnished by the contract was one dollar and twenty-five cents per head up to April 10, 1885, for the number of cattle turned out of the pasture, excluding calves dropped after June, 1884, and at the same rate, per six months, for the time the cattle remained in the pasture after April 10, 1885, excluding calves six and one-half months old and under. We understand the charge to give the contract…
2Cited by20 opinions
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