The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-10-12
SYNOPSIS OF OPINIONS.
Reported Expressly for the Statesman.
Court of Appeals.

James IL Co. vs.. Blumberg; appeal from
Guadalupe county.-Appellant and APP.
pellee contracted for the delivery of cot.
ton 90 bales) at NJ, to be paid for on the
day of delivery at s. When appellee had
delivered fifteen bales he applied to ap.
pellants at S. for change in the place OF
payment from S. to NJ, the place of de-
livery. Though there is no proof of such
agreement of a change of the place Of pay.
ment, yet on the day of payment the clerk
of appellants went to the place of deliv-
cry, and stating there was not half the
amount Ito be paid) in S. offered pay ment
at still another place. Upon refusal by
appellee no demand for full delivery oil
the cotton was demanded of appellee by
judgment accordingly. Held, If the con-
duct of appellants, or their authorized
servants, was such as to deceive appellee
and make him believe appellants had ac-
qulesced in the change, though there
may not be proof of actual change, yet
the appellants will be held bound. The
contract having been violated by appe.-
lants, and they having failed to demand
full compliance on the part OF appellee.
will be held to have waived all rights by
accepting a part of the cotton and are
liable for SO much as was delivered. At
frmed.-Hurt, j.
Coker ct al v. Davis appeal from Van
Zandt county Cocker having judgment
against A. had an execution levied on
some cane in the field. Davis, as cOnsta-
BILE, levied the execution, but prior to the
which was given. After the levy A. re-
covered judgment against Davis and his
sureties on his official bond for S104.
Davis brings suit against Coker and his
sureties on the indemnity bond. Judg-
ment in Justices court for 800. Appeal
and judgment in county court for S104.
Plea of non est factum by defendants
found against them by the court, who
found on the issues of law and fact
Held, The judgment will not be disturb
ed withoutit is apparent that the judge
is clearly wrong. Defendant pleaded
knowledge of the illegal act on the part
of the officer. Held further, A contract
ofindemnity is void when the officer to dc
the unlawful act knows when he receives
the indemnity bond that such an act ft
illegal. There being no such proof ia the
court below the judgment is affirmed
Wilson, j.
international and Great Northern rail-
road company vs.. Wingate & Lynch ap-
peal fromAnderson county.-Suit brought
for damages for failure to deliver a Jaw
shipped by appellees, via zap ellants, TO
Philadelphia. Saw delayed beyond proper
time, waybilled to Longview only, but
pay for freight received byappellants for
the entire distance. Held, special dam
ages are not recoverable, ordinary and
actual damages such as the rental value OF
the saw for the time delayed are admiss-
able only. The weight OF authority lays
liability to appellants along its line only.
common law, over all connecting lines,
and both agree in laying liability to the
receiving company for entire contract OF
delivery to destination, when freight
charges for entire distance were received
by first company. Affirmed.-Hurt, j.
WIllbanks vs.. Brown, sheriff; appeal
from johnson county.-The state being
the plaintiff in Judgment In every misde-
meanor case must be made party 10 an
injunction to restrain the sheriff rom re-
Rrown was proceeding to levy an ex-
ecution against Willbanks' surety on a