Taul v. Edmondson's Administrators

Citations

• 37 Tex. 556

Syllabus

<p>In 1862, T. furnished Confederate money to E., to be invested by the latter in wool, of which E. was to have one-third for his trouble. The wool was purchased by E., and a third person was selected to divide it between him and T. ; but in making the division, this third person, by miscalculation, made a mistake of several hundred pounds to T.’s prejudice. E. died, and his administrators were sued by T. for the value of the wool still due the latter. Meld, that the court below erred by instructing the jury, in effect, that if the wool was bought with Confederate money, the plaintiff was not entitled to recover. Whether it was bought with Confederate money was an immaterial inquiry, which should not have affected the case.</p>