Wootters v. Kauffman

Citations

• 67 Tex. 488
• 3 S.W. 465
• 1887 Tex. LEXIS 912

Syllabus

<p>1. Cotton Factors.—A cotton factor at Galveston who receives cotton consigned to him for sale, can not, without the consent of consignor, ship it for sale to a foreign market, and one who receives it from the factor for that purpose is liable to the owner for its value.</p> <p>2. Custom.—The uneontradicted testimony of one witness is sufficient to establish a custom; but if the testimony of one witness who swears to the existence of the custom be contradicted by that of another who denies it, the evidence can not sustain a verdict in favor of the custom.</p> <p>3. Same.—The ordinary rules of law governing the rights of parties under contract can not be changed by temporary custom so as affect their rights. To accomplish such a result the custom must be established, and so general in its application that all are presumed to know it. Evidence of a temporary custom of which the party to be affected has no knowledge, is not admissible to affect his rights.</p> <p>4. Case Approved.—Allen v. St. Louis National Bank, Supreme Court Reporter, volume 7, number 15, page 460, approved.</p> <p>■5. Charge of Court.—A charge of court which in effect directed a jury in general terms to return a verdict for defendant, if they find that “plaintiff gave any express or implied authority” to do an act on which the rights of the parties depended, and which gave no rule by which to determine the circumstances under which the authority could be implied, was error.</p> <p>6. Consignor and Consignee.—In a suit by the owner of cotton against the consignee for its value after conversion, if it appears that the consignee had in his hands at the time he received the cotton, sufficient money of the owner to pay freights and charges incident to the shipment, the plaintiff is entitled to recover the full value of the cotton without deduction for charges paid by the consignee.</p> <p>7. Agreement of Counsel.—An oral agreement of counsel in a suit made and acted on at one term, though aftewards wr