Hatcher v. Pelham

Decided April 15, 1868

Texas Supreme Court · decided 1868-04-15

The ease was tried before Hon. M. D. Ector, one of the district judges. The facts agreed on were as follows: The defendant was ntrusted with four hales of the plaintiff’s cotton, to carry it to Havasota and sell it for forty cents a pound in Confederate money. Failing to get the price, he deposited it in a warehouse, and drew thirty-six cents a pound on it for his own use, and the cotton was sold to indemnify this advance.

Cited by 1 later decisions — most recently November 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-04-15

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Morrill, C. J.

¶1—The plaintiff’s cause of action is alleged to be a disregard of the orders of plaintiff by defendant in the disposition of four bales of cotton placed in defendant’s hands by plaintiff to sell at a certain price, which defendant sold at a less price than the one agreed upon.

¶2We see enough in the record to satisfy us that the judgment is erroneous. Under the peculiar cireumstancs of the case, we consider that the jury should be instructed to ascertain the value of the cotton in lawful money of the United *203States at the time the defendant sold it. And this sum, with interest upon the same from that time to the rendition of the judgment, should be their verdict.

¶3Reversed and remanded.