Gregg & Co. v. Fitzhugh

Citations

• 36 Tex. 127

Syllabus

<p>1. Defendant received from plaintiffs a sum of money in payment for flour which he contracted to deliver to the plaintiffs at M.,by a certain date, and at a stipulated price per hundred pounds. Held, that on non-performance by defendant, the plaintiffs were entitled to recover their money with legal interest; or they might proceed for damages, and recover the highest market price of such flour at M., at any time between that specified for delivery of the flour and the day of trial.</p> <p>2. Numerous decisions of this court have already established that it is error to exclude a written instrument as evidence, merely because the proper amount of revenue stamps had not been affixed to it. (Dailey v. Coker, 33 Texas, 815, and other cases, cited by the court.)</p>