Laux v. Glass, Moffitt, Armstrong & Co.
Laux v. Glass, Moffitt, Armstrong & Co.
Opinion of the Court
Opinion by
§ 11S0. Parol evidence not admissible to vary, etc., written contract. The rules of law which' prohibit the introduction of parol testimony to alter, vary, modify or contradict'written--agreements'are eminently rules of good sense. Despositive documents are deliberately prepared; they are couched in words which are selected for the puipose, because they have a settled legal and business meaning. Such documents are meant to bind the party uttering them iii both his statement of facts and his engagements of future action, not in any occult sense
§ 1181.- Sale of personal property; when complete. The trial court charged, “if personal property be sold twice by a party, the purchaser to whom the possession of the property is given, if he knows nothing of the other purchase, takes the title to the property.” Held to be an erroneous charge. At common law, if the seller makes a proposition and the buyer accepts, and the goods are in the immediate- control ahd possession of the seller, and nothing remains to. be done to .identify them, or in any way prepare them for delivery, the sale,is complete, and the property in the goods passes at once and perfectly. 1 -The buyer acquires not-a mere -jus ad rem, but an absolute jus in re. [2 Pars, on Con. 324; Cleveland v. Williams, 29 Tex. 208.]
§ 1182. Landlord’s lien; rights under. The' court charged, “the landlord, having a lien, -could retain the property of: the tenant in his possession till the rent is paid,” etc. Held error. The landlord has no-right of his rhere motion, to enter and take, or retain in his possession, the property - of his debtor tenant., The law gives him a '“lien,” but. the word is obviously not used in the
Reversed, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.