A. J. Ward & Co. v. Bledsoe & Clarkson

Citations

• 32 Tex. 251

Syllabus

<p>1— This court, in the present case, takes occasion to deplore the want in our courts of an officer similar to a commissioner in chancery, to audit and adjust complicated mutual accounts between litigants, and report results to the court.</p> <p>2— It has been the constant and unvarying practice of this court never to disturb the verdict of a jury, if at the trial any evidence was adduced on which it could have been found.</p> <p>3— It is only in cases where the verdict appears, at first blush, to be palpably wrong, oppressive, unjust, and subversive of legal right, that a court is justified in setting it aside, unless there has been misdirection of the jury by the court.</p> <p>4— Under our system all suits may be maintained or defended on the principles both of law and equity; and, in consequence, much greater latitude is given to our courts in their instructions to juries than is tolerated under a common law system.</p> <p>5—Factors, being special owners of property consigned to them, when the transit is complete, may make a valid sale of the property to third parties ; and, if not specially instructed by their principals as to time or terms of sale, they are not liable to imputation of bad faith for selling it at the lowest ebb of the market, unless they purposely ignored intelligence of a probable rise in prices.</p>