Pedigo-Weber Shoe Co. v. D. D. Hachar

Court of Appeals of Texas

Pedigo-Weber Shoe Co. v. D. D. Hachar

68 S.W.2d 1117, 1934 Tex. App. LEXIS 181

CourtCourt of Appeals of Texas

DecidedMarch 1, 1934

DocketNo. 9275.

StatusPublished

This text of 68 S.W.2d 1117 (Pedigo-Weber Shoe Co. v. D. D. Hachar) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pedigo-Weber Shoe Co. v. D. D. Hachar, 68 S.W.2d 1117, 1934 Tex. App. LEXIS 181 (Tex. Ct. App. 1934).

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Opinion

FLY, Chief Justice.

This is the second appeal of a case originating in the justice’s court and involving the value of shoes in the sum of $142.20. On the former appeal of the case the judgment was reversed and the cause remanded to the district court of Webb county. The former opinion will be found in (Tex. Civ. App.) 54 S.W. (2d) 197.

On the former appeal there was no contest as to the fact that an order was made for the shoes, but, in answer to one of the issues by the district judge on this trial, the jury found that appellee did not make the order for the shoes, and the jury also found, in response to the second issue, that there was no confirmation of the order for the purchase. If these answers are supported by the facts in the case, they effectually dispose of every issue in it If there was no order given by appellee for the shoes and no ratification of any such order made by appellee, then the whole basis of the suit is destroyed.

There is evidence to sustain the finding of the jury in regard to these two points, and. consequently the whole basis of the suit was destroyed. If no order was given, of course, there could be no ratification of something that never existed, and, if no order was given for the shoes, then the claim of appellant is without foundation.

There is no merit in any of the assignments of error offered by appellant, and the judgment is affirmed.

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FLY, Chief Justice.

This is the second appeal of a case originating in the justice’s court and involving the value of shoes in the sum of $142.20. On the former appeal of the case the judgment was reversed and the cause remanded to the district court of Webb county. The former opinion will be found in (Tex. Civ. App.) 54 S.W. (2d) 197.

On the former appeal there was no contest as to the fact that an order was made for the shoes, but, in answer to one of the issues by the district judge on this trial, the jury found that appellee did not make the order for the shoes, and the jury also found, in response to the second issue, that there was no confirmation of the order for the purchase. If these answers are supported by the facts in the case, they effectually dispose of every issue in it If there was no order given by appellee for the shoes and no ratification of any such order made by appellee, then the whole basis of the suit is destroyed.

There is evidence to sustain the finding of the jury in regard to these two points, and. consequently the whole basis of the suit was destroyed. If no order was given, of course, there could be no ratification of something that never existed, and, if no order was given for the shoes, then the claim of appellant is without foundation.

There is no merit in any of the assignments of error offered by appellant, and the judgment is affirmed.

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Bluebook (online)

68 S.W.2d 1117, 1934 Tex. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedigo-weber-shoe-co-v-d-d-hachar-texapp-1934.