18 Tex. 597 | Tex. | 1857
The witnesses estimated differently the quantity of the cotton, its value and price at the place of delivery, and the cost of its transportation thence to Houston. The jury had a right to adopt the estimate which they deemed nearest the truth ; and they probably estimated the quantity at forty-four bales, weighing five hundred pounds each; the price contracted to be paid for it, five and three-fourth cents per pound ; the cost of transportation to Houston one-half a cent; and its value in Houston at what it is proved to have been actually sold for there, viz.: seven and one-fourth cents. These estimates make the difference between the price at which the plaintiff purchased, and that which the defendant
There is no reason to suppose that the jury took into consideration the quality of the cotton; and if there was error in the charge as to the right of the jury to consider the quality of the cotton in estimating the damages—which I apprehend there was not—it manifestly had no influence upon the verdict, and would afford no ground for reversing the judgment.
There is no error in the judgment, and it is affirmed.
Judgment affirmed»