Moore v. Aldrich

Citations

• 25 Tex. 276

Syllabus

<p>The 5th clause of the statute upon frauds reads, “ or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the agreement, &c., be in writing.” (Paschal’s Dig., Art. 3875, Note 905.)</p> <p>Where the defendant got possession of cattle on a contract to keep them several years, and receive one-fourth of the increase for his compensation, and he converts them to his own use, this statute does not apply.</p> <p>Where the plaintiff had sold a part of the cattle sued for, which the defendant refused to deliver, he cannot object that the right was in the third person.</p> <p>In an action of trover, the measure of damages is the value of the property converted, unless there be peculiar circumstances of aggravation.</p>