Conrad & Fabel v. Huff & Brock

Citations

• 58 Tex. 205
• 1882 Tex. LEXIS 234

Syllabus

<p>1. Contract.— A defendant, sued on promissory notes, showed that after their execution he delivered to the payee certain cattle, under a contract by which the payee should slaughter them for defendant’s account, receiving therefor one dollar per head and expenses of slaughtering; and that he should retain from the proceeds enough, first, to reimburse him for moneys advanced defendant after the notes were executed; and second, the balance remaining should be credited on the notes. Held,</p> <p>(1) If the payee failed to render defendant an account of the business, that fact did not annul the contract, or entitle the defendant to the full value of the cattle, for this the plaintiff had not agreed to pay.</p> <p>(2) The rights of the parties must be measured by their contract.</p> <p>(3) The defendant, in the absence of an account rendered, should have shown what the proceeds of the enterprise ought to have been under prudent management.</p> <p>(4) An instruction that defendant, in the absence of an account rendered by plaintiff, was entitled to a credit on his notes for the value of the cattle at the place of delivery, was erroneous.</p>