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36 Tex. 142

Turpin v. Sansom

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. Charles Soward. The instrument called a power of attorney in the head-note, was styled Articles of Partnership by the parties, as follows :— “ The State of Texas,) Articles of partnership made and “ County of Johnson, j entered into this 29th day of July, “ 1861, by and between James F. Turpin and Gr. W. Meadows, “ both of the county and State aforesaid, witnesseth: That “ whereas the said James F. Turpin and Gr.

Decided 1872-07-01

Walker, J.

¶1Admitting that the partnership agreement set forth in the statement of facts, between Turpin and Meadows, did authorize Meadows to sell any of the property, real or personal, belonging to the firm, to pay the debts of the firm, it did not authorize a sale for Confederate money; and unless this sale has been ratified expressly by Turpin since his return from the army, he is not bound by it; nor did the payment by Meadows, in Confederate money, to Hammond, the agent of Richardson, cancel that debt, without a like special ratification of the act of his agent by Richardson.

¶2These are the only points necessary to consider in the case, and they have been too often passed upon, by this and other appellate courts, to require any reference to authorities. We think the charge of the court was calculated to mislead, and did mislead the jury, and that the verdict is not supported by the evidence.

¶3The judgment is therefore reversed, and the cause remanded.

¶4Reversed and remanded.

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