R. C. Read & Co. v. Barnes

Court of Appeals of Texas

R. C. Read & Co. v. Barnes

252 S.W. 224, 1923 Tex. App. LEXIS 237

CourtCourt of Appeals of Texas

DecidedApril 26, 1923

DocketNo. 1473.

StatusPublished

Cited by3 cases

This text of 252 S.W. 224 (R. C. Read & Co. v. Barnes) 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

R. C. Read & Co. v. Barnes, 252 S.W. 224, 1923 Tex. App. LEXIS 237 (Tex. Ct. App. 1923).

Pincite

Opinion

HARPER, C. J.

Appellant asked permission of appellee, by letter, to ship him an assortment of jewelry. Appellee replied: “Yes, send it on my approval.”

The jewelry was shipped by express, valued at $50. A package was received, and returned without being opened, by parcel post, not insured. It did not arrive back to shipper. Suit was brought for $148.79, the alleged value of the goods.

In both justice and county courts, judgment was rendered for defendant.

Read & Co. appeals, and asserts the proposition that to return the goods by parcel post uninsured was such negligence as to render Barnes liable for the full value. There was no instruction or agreement as to the manner of return.

We cannot hold that the manner of return was negligence as a matter of law, in view of the findings of the two trial courts upon the facts. Whitehouse Bros. v. Abbott & Son (Tex. Civ. App.) 228 S. W. 599.

Affirmed.

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