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Shirley v. Coffin

56 Tex. Civ. App. 242 (Tex. Civ. App. 1909)
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Shirley v. Coffin

1 Citing case

  1. Green v. Priddy

    112 Tex. 567 (Tex. 1923)   Cited 28 times
    In Green v. Priddy, 112 Tex. 567, 250 S.W. 656, an agent was instructed to sell an oil lease upon given terms and to allow the purchaser three days in which to examine abstract of title; the agent complied with certain portions of his instructions, but contracted with the purchaser to allow him five days in which to examine title, and it was held that the difference in the time authorized to be allowed and that allowed by the broker was fatal to a recovery thereon.

    1. — Priddy Had Full Knowledge: Browne on Statute of Frauds, Sec. 449; Bigelow on Estoppel, 6th Ed., pp. 603, 604, 681; Berry v. Donnelly, 26 Tex. 747; Cauble v. Worsham, 70 S.W. 739 (Sup.); Clark v. Guest, 46 N.E. 864; Davis v. Allison, 211 S.W. 984; Ewart on Estoppel; Herman on Estoppel, Sec. 408; Holcomb v. Boynton, 37 N.E. 1035; Jordan v. Money, 5 H.L. Cases, 185; Lechenger v. Bank, 96 S.W. 642; Lindley v. Lindley, 178 S.W. 784; Maddison v. Alderson, 8 App. Cases, 473; Pomeroy's Equity, Sec. 805, 808, 810; Scoby v. Ewert, 28 Tex. 731; Wortham v. Thompson, 16 S.W. 1059. 2. — Moore not having been held out by Lesh, Priddy in dealing with him was charged to know his authority: Bigelow on Estoppel, p. 681; Brant v. Merchants Coal Co., 93 U.S. 326; Colvin v. Blanchard, 106 S.W. 323 (Sup.); Machinery Co. v. Peter, 19 S.W. 861 (Sup.); Morgan v. Harper, 236 S.W. 71; Shirley v. Coffin, 121 S.W. 181 (C.C.A.); 134 S.W. 404 (Sup.). 3. — No Sufficient Injury: (a) Priddy only signed contract conditioned on title; (b) Actually paid out nothing; (c) Seeks to set up loss of gain as an injury, 23 A. E. Ency. of Law, 517; Adler v. Pim, 80 Ala. 351; Anderson v. Hubbell, 93 Ind. 570; Anderson v. Walker, 49 S.W. 947 (C.C.A.); 93 Tex. 125 (Sup.); Bigelow on Estoppel, p. 696; 16 Cyc., 725; Davis v. City of Appleton, 85 N.W. 230; Davis v. Allison, 211 S.W. 980; Dent v. Smith, 92 P. 307; Ewart on Estoppel, p. 140; Gherstadengen v. Hartzell, 83 N.W. 230; Herman on Estoppel, Secs. 407, 425, 404; Hereford Cattle Co. v. Barnhart, 147 S.W. 662; Llano Granite Marble Co. v. Hollinger, 212 S.W. 153; Low v. Moore, 72 S.W. 420; McLemore v. Beckerstaff, 179 S.W. 538; Pomeroy's Equity, Sec. 812; Russell v. Maloney, 94 Am. Dec. 358; Ricketson v. Best, 134 S.W. 353; Turner v. Waldo, 40 Vt. 56; Townsend Savings Bank v. Todd, 47 Conn. 170.