jas.E. Lindsey v. Smith Bros. Grain

Court of Appeals of Texas

jas.E. Lindsey v. Smith Bros. Grain

287 S.W. 1118

Court of Appeals of Texas·Decided October 21, 1926·No. No. 1902.·Published

Opinion

HIGGINS, J.

Appellee sued the appellant for damages occasioned by breach of contract for the sale of a carload of oats, and recovered judgment. The defendant appeals, assigning as error that the evidence is insufficient to establish the contract sued upon, in that the minds of the parties did not meet. This is a question of fact. The trial court found against appellant upon the issue, and the finding is abundantly supported by the evidence. This necessitates affirmance; and it is so ordered. Affirmed.

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HIGGINS, J.

Appellee sued the appellant for damages occasioned by breach of contract for the sale of a carload of oats, and recovered judgment. The defendant appeals, assigning as error that the evidence is insufficient to establish the contract sued upon, in that the minds of the parties did not meet. This is a question of fact. The trial court found against appellant upon the issue, and the finding is abundantly supported by the evidence. This necessitates affirmance; and it is so ordered. Affirmed.

jas.E. Lindsey v. Smith Bros. Grain, 287 S.W. 1118 (Tex. Ct. App. 1926).

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