Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-03

Hunt and that he at least was
necessarily appraised Of the condition of
the property, and that as above mdicot.
Ell the defense of stale demand was I'M.
yipently operative against him. IL must
he deemed 20 have continued against his
heirs aud consequently this plea of fraud.
uirut c0nrrolment cannot boz invoked.
IL IS therefore unnecessary to consider
the plea OF ten yenrs limitations set up
10y qppeilees or other questions discussed
in the briefs of the parties
The judgment is affirmed
TARTTON,
Chief Justice.
No 60. T. II. Brush. appellant. vs.. the
Clarendon Land. lnycstmeut and
Agency Co, limited 1T al. Appeal
from the district court of Doulpy
county.
OPINION.
uncludng conclusions Of law aud end
mgs VI factJ
Doc. 10. 1858, the appellee company as
plaintiff brought suit against j. VI.
Brush. ID. III. White. W. A. Allan. 4.
). Mckinney aud l.. H. Carhart. as de-
PENDANTS. July fA 1850 II dimisscd
It's suit against the fonr persons last
named rctoing j. H. Brush appellant
. at the instance of Brush the parties
against whom the dismissal was had
were again made parties 10 the proceed
ings.
The plaintiff sued to recover Of de-
f,ndnnt Brush the sum of $685.. besides
the iuteest. alleged TO be- due ON a con-
tract for the pHstiragc of certain cattle
nt the rate of $3.50 per head per annum.
The items claimed 10 he due for pustur-
age were AZ follows:
For 1900 head of cattle from Aug T.
1856, tat which last named date de-
fcudqnt sold aud removed about SO
On Aug 1, 1857, for pasturorc on l3e5
n'A1' 49,; '....,' '.'..'.''''' lNtL'1u'
Ana Aug. J. lNNN, .......... lSiiJO,
The defendant Brush, among other
pleas durIudiug q plea of payment of
the first years pasUrdgcl, filed n spc-
cial plea or cross III AKA inst the plaintiff
company ard AGAINST the remaining per-
sols made parties at his instance. His
allegations were, tor ely and Substuu-
TALLY stated that himself, White, Allan
and Mckinney were joint owners Of
400 head of steer cattle placed IN pas
turc of plaiutln, aud that himself, L. ~.
Curhnrt and w. A. Allan were the
Joint owners of 500 head of stock cat.
tie there delivered: that contract with
the plaintiff company FOR the pasturagc
OF the cattle was nude between the
plnintif company and the parties named
and that these parties should be- held 20
contribute to the payment Of the pas
turagc If nuy wus due He alleged that
Oh the delivery of the cattle 10 the
plaintiff company the latter undertook
70 perform the duties of an anstOr
with reference 10 them and 10 take
care of them with all reasonable dill
gcncc and attention. that In violation Of
lis duty plaintiff had overstockcd it's
pasture and because Of it's willul and
cruel negligence large numbers of the
cattle were starved to death; that plain
| til had accounted for only 81 head Of
| the cattle delivered 10 him; that the
remainder aggrcguting In value S-S3N2,
| had been lost through the willlnl neg
| lgcucc of the plaintiff or converted 10
| it, own use. The defendant prayed for
relief in accordance with those ullega-
| lions.
The court tried the case without n
| Jury aud rendered Judgment ia tuvor
| of plaintiff against defendant Brush
! for Sli33.SO, aud In favor of White, Al
| Ian. Mckinney and Curhart against the
cross action Of Brush; hence ,he latter
has appealed TO this court.
| The defendant requested no special
| findings of fact by the trial court. We
| find Ina the record, however, the court =
conclusions of law. Wherever there is
as in this case a nIatcrlnl conflict or
| any issue i'm the evidence ana no conclu-
| sious of fact are snught or found by
| the trnl court IL becomes orr duty TO
so interpret the testimony as 10 sustain
! the legal conclusions, or the Judgment
appealed from. Applying this rule We
here find the following conclusions OF
| fuct;
! II. White. a. ). Mckinney ANA W. n
Allen entered into the following agree
|
ut il agreed 10y aud between J. IL.
Brush. u. III. White A. - Mckinney
and w. A. Allan, that In case j., ~.
Brush buys from 1000 n 1000 on
2-ycar-old steers 10 bc kept ON the
Clarendon Land and Investment Agency
cumpanys ranch IN bohly$ c9u4' y,
Texas. till they are 3 years old ana then
drive TO market with the hect steers
hy snid company. and TO be sold 10y l.,
| nj. Cnrhnrt as agent for account OF snid
| pirtits. and after said steers are bougul.
the said Brush shall execute 10 salu
White. Mckinney and Allan a contract
for "A th.tc-uuurtcr interest IN Sald steers
and pay said Brush ~ per cont lNlvI'',
on the money invested la their part Oh
said steers TO be computed annu
ally. Brush 20 pay all transportation
and other charges up 10 the time
al the sale of the cattle
and 10 receive nc the time of ana IRON
proceeds of sale of the steers, the pay
Tor said White. Mckinney and Adams
Dart of the cattle, and then they arc
10 receive ull proporuonate gain ove'
cost, charges and interest ON the trans
action. on pay their proponionate OF th'
loss. u any.
S,gmsT j. II. Brush,
. ID. H. White,
A $. Mckinney,
". a. Allan
4 % .tt.- gt,rft.s tho 4urtfuprf U