210 S.W. 334 | Tex. App. | 1919
(after stating the facts as above). The contention made by appellant that the finding of the jury that there was a difference of $425 in the market value of the horses “at the time and condition in which they arrived at their destination and and what their reasonable market value would have been had they arrived without injury or delay” seems to be based on testimony of appellee that he expected one Stephens, of Oklahoma, to meet him in Grand Saline and buy the horses when they reached that place and that he would not have been able to sell them there had Stephens not ■bought them, because they had no market value there. The contention ignores the testimony of the witness Nance that the horses had a market value in Grand Saline, and that they were worth $700 or $800 less on that market than they would have been worth but for the injury to them, and the testimony of the witnesses Lindsey and Slaton to practically the same effect.
The judgment will be so reformed as to adjudge a recovery in appellee’s favor against appellants of $425 (instead of $575), and interest thereon from October 9, 1917, and as so reformed will be affirmed.
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