4 Willson 317 | Tex. App. | 1891
Opinion by
§ 212. Measure of damage; breach of contract of sale, etc., of goods; case stated. Suit was brought in justice’s court by appellee to recover of appellants damages on account of their failure to deliver to him a car-load of apples, as they had contracted to do. On trial, judgment was rendered for plaintiff in justice’s court for $126.50. Appeal to county court, in which court the case was tried by the court without a jury, and the court found and filed conclusions of fact and law. The court found the facts to be as follows: Plaintiff is a merchant, dealing in groceries, fruits and provisions, in La Grange. On October 20, 1888, he contracted in writing with defendants for a car-load of one hundred and forty barrels of apples of certain kinds and qualities, of which samples were shown to and left with him. By the contract the apples were to be delivered to plaintiff at the depot in La Grange, and be paid for on delivery. Before the apples were shipped plaintiff requested defendants to defer delivery twenty days; and this they agreed to, so that the apples did not arrive at La Grange until the 28th of November, 1888, when plaintiff examined them, and, finding them to be in grade and quality much inferior to the same samples,— the apples contracted for,—
The court’s conclusions of law were, in substance, as follows: First, because defendants did not deliver to plaintiff the kind and quality of apples they had agreed to, he had to buy other apples, which cost him $49.05 more than he had agreed to pay defendants, and this he should recover; second, because of the failure of defendants to deliver to plaintiff the apples contracted for, he failed to carry out his agreements with the retail dealers to furnish them, and thereby he lost the profits which he would have realized from the sales of the apples to the retail dealers, amounting to $75, and this sum he should also recover; third, that judgment should be entered in favor of plaintiff against defendants for $12-4.05. Judgment was accordingly entered against defendants
Reversed and rendered.