Adkins v. Ware & Sons

Citations

• 35 Tex. 577

Syllabus

<p>1. A. consigned cotton to commission merchants for sale, and they advanced him over §5000 upon the consignment. They sold the cotton at a rate which only realized some $2400, and sued him for the excess of their advances over the proceeds of the cotton. A. alleged fraud in the sale of his cotton, and reconvened for damages. On special issues the jury found the plaintiffs’ charges to be correct, but that they had fraudulently sold the cotton for less than its market value, and that defendant had thereby lost $2000. The district court, in rendering judgment for the balance due the plaintiffs, applied the $2000 as of the date of the trial, and not as of the time when the cotton was sold. Held, error; the defendant’s loss was incurred when the cotton was sold, and he was entitled to have it recouped as of that date, so as to stop interest pro tanto on the plaintiffs’ demand.</p> <p>2. Findings of a jury upon special issues are not to be regarded in the.light of a verdict; but should be treated as in chancery practice.</p>