Texas & Pacific Railway Co. v. Beard

Citations

• 68 Tex. 265
• 4 S.W. 483
• 1887 Tex. LEXIS 677

Syllabus

<p>1. Charge of Court—Practice.—When a charge of the court, though correctly stating the law, may, by reason of its general terms, be defective as applicable to the case made by the evidence, it is the right of the party complaining to supply its defects by asking further instructions; failing in this, he can not complain.</p> <p>2. Sale—Delivery—Action.—The acceptance of an offer made by a debtor to pay his debt with wood already deposited on land which is owned and possessed by the creditor, constitutes an executed contract and a complete transfer of title to the property. If the contract is that the creditor shall return the wood, provided the debtor will afterward pay the debt in money, the creditor, while the wood remains in his possession, and before a compliance with the permission to pay in money, may maintain an action against a trespasser for the conversion of the property.</p>