Anderson v. Martindale & Schultz

Citations

• 61 Tex. 188
• 1884 Tex. LEXIS 70

Syllabus

<p>1. Charge on weight op evidence.— In a suit brought by appellant for commissions claimed in selling flour, it was a controverted point whether appellant should be paid twenty cents per barrel, or $30 a car-load, about which the evidence was conflicting. The following instruction was given: “If the jury believe, from the evidence, that a contract existed between the parties prior to 1879, and continuing during that year, by which R. L. Anderson was to be paid $30 per car-load, consisting of one hundred barrels, and if you believe that after such contract had been in existence, and of performance, the number of barrels shipped in each car was increased, and if Anderson was notifled of such increase without his making any demand for extra compensation, then you are charged that the fact of an increase in the number of barrels stored in each car would not of itself change or alter the original contract. And if the original contract was that the parties should receive compensation by the car load, the mere fact alone of an increase in the number of barrels sent in a car would not entitle him to charge or receive commissions by the barrel.” Held, that it was not a charge upon the weight of evidence.</p>