Welden v. Texas Continental Meat Co.

Citations

• 65 Tex. 487
• 1886 Tex. LEXIS 694

Syllabus

<p>1. Vendor and vendee—Refusal to receive personal property contracted for— Seller’s remedies—Measure of damages—When a vendee refuses to receive personal property contracted for, the seller has either of three remedies: He may hold the property as the property of the vendee, and sue for the price ; or he may foreclose his vendor’s lien upon the property by a fair sale of it, and sue the vendee for the portion of the agreed price he fails in this way to realize ; or he may treat the property as his own, and sue for damages. If the vendor elects the latter remedy, the measure of his recovery is the difference between the contract price of the thing refused and its market value at the date when it ought to have been received. (Citing 3 Parsons on Cont. 209.)</p> <p>2. Pleading—Inconsistent matters of defense—Estoppel—A defendant is allowed to plead as many inconsistent matters of defense as he pleases to reduce to writing. He is not estopped by pleading his rights under a contract from claiming the advantage of any change in that contract, which legitimate proof may establish.</p>