Albertype Co. v. Gust Feist Co.
| Citation | 114 S.W. 791 |
| Parties | ALBERTYPE CO. v. GUST FEIST CO. |
| Decision Date | 06 January 1909 |
| Court | Supreme Court of Texas |
v.
GUST FEIST CO.
Error to Court of Civil Appeals of First Supreme Judicial District.
Action by the Albertype Company against the Gust Feist Company. From a judgment of the Court of Civil Appeals reversing a judgment for plaintiff (109 S. W. 1139), plaintiff brings error. Judgment of the Court of Civil Appeals reversed, and that of the trial court affirmed.
Geo. Q. McCracken, for plaintiff in error. James B. & Chas. J. Stubbs, for defendant in error.
BROWN, J.
In the year 1906 the Albertype Company was located in Brooklyn, N. Y., and engaged in preparing and selling souvenir books or albums. The defendant in error was located in Galveston, Tex., and engaged in business there. A. E. Suppiger was the traveling representative of the Albertype Company, and had made a number of sketches of buildings and different objects and views in Galveston. He endeavored to sell to the defendant in error a souvenir album containing the sketches and views, but at first the defendant in error refused to buy. On March 30, 1906, Suppiger, being in Galveston, approached the defendant in error, again proposing to have prepared for him and to sell to him the souvenir album containing the sketches which had before been taken. The Gust Feist
Page 792
Company finally agreed to buy 2,000 copies of the album, and made an order for them in writing, in which it gave particular directions as to the arrangement of the album. A view of the city was taken by Suppiger from the roof of the courthouse, which was at the request of the defendant in error to be placed in the front of the album. The price to be paid was $375. The Albertype Company published the albums, but did not comply in all respects with the directions given by the defendant in error, but they were received by Gust Feist Company, who refused to pay for them, claiming that it had been greatly damaged by the failure of the Albertype Company to comply with the directions in the arrangement of the album. The controversy resulted in a suit in the county court of Galveston county by the Albertype Company against the Gust Feist Company in which judgment was rendered in favor of the plaintiff for $375.
By the contract between Suppiger and the defendant in error the Albertype Company agreed not to sell any of the said souvenir albums in the city of Galveston for one year. Within less time than a year the Albertype Company sold to another dealer in...
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