Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-12
THE HIGHER COURTS.
Synopses of Decisions Rendered at the Present
Galveston Sitting of the Court
of Appeals.
John P White, p. j.. Sam A. Wilson and J. NJ.
Hurt, judges.
COURT OF APPEALS.
of the Gazette.

John P. White, p j.. Sam A. Wilson and J. NJ.
Hurt, Judges.
COURT OF APPEALS.
Correspondence Of the Gazette.
GALVESTON, Ten, Feb 9.-Hut.
tig sash and door company VS. Mid
dlebrook & Bro; appeal from Colo
RADIO county. One Payson, acting in the
capacity OF agent on authority from Mid
dlebrook s Bro, purchased doors and
sashes from appellant company, which
were received and used by appellees for
building purposes. Afterwards appellees
sell out and refuse to pay for the building
material purchased by Payson as
agent. Held: Even though an agent
has trauscended his authority in making
the contract, yet if the principal Tatify it
and make il his own by awaiting himself
of the benefits OF it he is liable in like
manner rs if he had personally made the
contract. Henderson VS.. railway com
pany l. Tex. $50, y App G g. section $50 =,
App. &C. section l27 Judgment ac-
cOrdinglY reversed and rendered for ap-
pellant together with interest and cost.
Opinion by White, p J.
q. f. and 4 J. White VS.. NJ. A.
Sullivan: error from Grimes county. On
appeal TO the county court the case was
therein tried by the Judge without q jury -,
and Judgment was again rendered for the
plaintiff. Motion was duly made by ap-
pellants under provision of article 1888 g,
Revised Statutes, TO have the judge file
his conclusions of fact and law in the
case, which the court. declined TO do
This was n valuable right to which ap-
pellants were entitled, and which, hav-
inc been denied them, constitutes re-
versible error. [Callaghan vs.. Grenet, &c
Tex, 237; 3 App, G. c. section SO. !
Reversed and remanded. White, 2. J y.
JEFF Briscol vs.. the State; appeal from
Falls county The judges charge in the
trial court stated that evidence had been
introduced to show that other animals
had been lost from the range at the time
the mare in question was missing
Therefore, lyon will consider the loss of
other animals from the range only so far
as this evidence may tend to develop the
transaction ont of which this prosecution
has grown, and may tend in your opinion
TO identify the mare in question This
charge was excepted to as unwarranted.
Held; There being no evidence TO war
rant such charge il was error to give it =,
and the error having been excepted TO,
the conviction must be set aside, although
the error may have been harmless. Re-
verSed and remauded. Wilson, !.
Charles Smith vs.. the State; appeal
from Leon county. Theft. On the trial
the State introduced one Clements as
witness by whom very strong case of
theft was shown against the appellant,
but his testimony is not corroborated in
such manner as is required by law. The
preponderance Of evidence is for appel
liant. 1t is Clements who gives direction
TO the criminative facts, which show
theft by somebody, by connecting appel
liant with these, whereas, without his
testimony they would point to no person
with certainty and to Clements as uner-
Fingly as to any other person, if not with
greater certainty. The testimony of the
accomplish, Clements, not being corrob-
GRATED, the verdict is not supported
Reversed and remanded Hurt,
Charles Medis and Ed Hill vs.. the
State; appeal from Galveston county
The appellants were jointly indicted