328 S.W.2d 819 | Tex. App. | 1959
Throckmorton Mill and Elevator Company, Inc., sued Temple Grain and Hay Company, Inc., for breach of a contract to buy wheat. Throckmorton Mill and Elevator Company, Inc., contended and produced evidence sufficient to sustain the contention, that they sold a certain grade of wheat to be delivered to Temple Grain and Hay Company, Inc., or its order, before June 5th at $2 per bushel. Plaintiff’s testimony was to the effect that it was directed by defendant to deliver the wheat by said time to a Houston warehouse in the name of said defendant, if the warehouse would accept it in defendant’s name, otherwise, to deliver it in the name of Cargill Grain Company; that plaintiff delivered several loads of wheat to said warehouse in the name of Cargill, because the warehouse would not accept it in defendant’s name; that defendant paid only for the first load and plaintiff had to sell the remainder at the best price obtainable. This suit was for the difference between the value of said wheat at the price it was sold to defendant and the price it was able to obtain for it after defendant refused to accept and pay therefor. In a trial to the court, judgment was rendered for plaintiff and defendant has appealed.
Appellant’s point is that the court erred in overruling its objections to evidence introduced by plaintiff because it was self-serving and hearsay. Appellant does not comply with the provisions of Texas Rules of Civil Procedure, rule 418, in that, it does not give in its argument a fair, condensed statement of the facts pertinent to its point. It complains of the admission of improper evidence but it does not give “the full substance of such evidence so admitted”, as required by said rule. Certainly, the burden is upon appellant to present a record that supports his contention. Mid-Continent Supply Co. v. Conway, Tex.Civ.App., 240 S.W.2d 796 (Ref.N.R.E.); May v. Consolidated Underwriters, Tex.Civ.App., 170 S.W.2d 295 (Ref.W.M.); Sims v. Duncan, Tex.Civ.App., 195 S.W.2d 156, (Ref.N.R.E.). However, appellant does point out the pages in the statement of facts wherein it says the court erred in permitting introduction of self-serving declarations and hearsay evidence.
The judgment is affirmed.