Taliaferro v. Cundiff

Citations

• 33 Tex. 415

Syllabus

<p>1: It is the duty of the eouit to construe all written instruments usad as evidence, or counted upon as securing a right or iurnishing a remedy.</p> <p>2. But in this action to recover the value of some twenty hales oi' cotton, as written instrument was maintained by the plaintiff to be a bill of sale of the cotton, while the defendant contended that it was only a collateral security' for a debt. The jury were directed by the court below to consider the instrument in connection witli the other evidence adduced, and to determine therefrom what was the intention oí the parties. Hr,!d, that the question involved was one of fact as much as of law, and that there was no impropriety in thus submitting it to tho jury.</p> <p>3. Nice questions of law and fact often become blended, and whan the jury has correctly determined the facts, and has not misconceived the lnw applicable to them, there is no error to be complained of, and the judgment will not be disturbed.</p>