Miller v. P. W. Ezell Mercantile Co.
Miller v. P. W. Ezell Mercantile Co.
Opinion of the Court
This suit was instituted by Mrs. V. F. Miller against the Ezell Mercantile Company to recover the sum of $3,500 for the breach1 of an alleged contract. Judgment was for the defendant mercantile company.
Plaintiff in the court below alleged that the Ezell Mercantile Company had contracted with her to sell her peach crop for the year 1913 at the highest market price, on commission; that her peach crop for that year sold by appellee amounted to 1,093 bushels and 97 crates; that said peaches so sold by appellee were sold for $1 per bushel, while the best market price for that year was $3.-75 per bushel, a loss to her of $2.75 per bushel, or, in the aggregate, $3,500.
Defendant answered by general denial and by special plea—
“that aupellant, Mrs. V. F. Miller, on or about June 30, 1913, acting by her agent duly authorized, joined other peach growers of Neches in a written contract for the sale of all their peaches, including those belonging to appellant, Mrs. V. F. Miller, unto Dublin Bros, at $1 per bushel; that afterwards Mrs. Miller adopted the contract and performed her obligations thereunder by delivering her peach crop, consisting of 1,093 bushels and 97 crates, to Dublin Bros, at $1 per bushel, aggregating $1,160.90, all of which she received and accepted and retained; and that the only connection between appellee and Mrs. Miller’s peach crop was for its cashier and secretary to act for Mrs. Miller "in selling and delivering and collecting for the peaches, all with the utmost fidelity and without compensation, and to her great profit and advantage.”
The issues joined were submitted to a jury under a general charge, and th'e jury returned a general verdict for appellee Ezell Mercantile Company. From this judgment Mrs. Miller has appealed.
In view of the fact that none of the matters complained of by the assignments in appellant’s brief can be reviewed, and as no fundamental error is pointed out by appellant, or apparent of record, the judgment of the trial court is affirmed.
Affirmed.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.