Summerhill v. Wilkes
| Decision Date | 24 December 1910 |
| Citation | 133 S.W. 492 |
| Parties | SUMMERHILL v. WILKES et al. |
| Court | Texas Court of Appeals |
Appeal from Hill County Court; Horton B. Porter, Judge.
Action by G. W. Summerhill against F. B. Wilkes and others. From a judgment for defendants, plaintiff appeals. Reversed and remanded.
Morrow & Smithdeal and Tarlton Morrow, for appellant. W. E. Spell and Luther Nickels, for appellees.
This suit was brought by appellant against appellees to recover the sum of $128.40, with interest, as balance due upon a certain written contract declared upon by appellant, also to foreclose a lien upon certain seats, and in the alternative for the title and possession of said seats. The suit was originally filed in the justice court, where a judgment was rendered for appellant. Upon its appeal to the county court a trial before a jury resulted in a judgment for appellees. Motion for new trial was duly filed, was overruled, and due notice of appeal given. Appeal bond was duly filed. The contract sued on was in writing and was between the Cumberland Presbyterian Church of Abbott, by F. B. Wilkes, chairman of its building committee, and the corporation, Texas Seating Company, for the sale of certain seats by said Texas Seating Company, for which said company was to receive $256.80. There were certain payments made after which the contract was for a valuable consideration conveyed to G. W. Summerhill, who filed this suit to recover the balance due thereon. The contract contained a provision as follows: "It is mutually agreed and understood that the title to the furniture herein specified shall not pass to the said party of the second part, but shall remain in the said party of the first part until full payment of the cash and notes herein specified shall have been made to the party of the first part or assigns, and should the said party of the second part at any time fail to make payment as stipulated herein, or fail to pay its or their notes or any of them at maturity, the said party of the first part may at its option without any notice enter and take possession of said furniture, and sell same according to the best judgment of the said party of the first part, and apply the proceeds thereof to the costs of defraying the expenses connected therewith, including the purchase price of said goods according to the terms of this contract, any deficiency remaining to be paid by the party of the second part." Said contract is signed as follows: "Texas Seating Company (party of the first part), Cumberland Presbyterian Church, of Abbott, Texas, by F. B. Wilkes, Chairman Building Committee (party of the second part)."
It is insisted in the first assignment of error that the trial court erred in refusing its special charge No. 1 instructing a verdict for plaintiff. The charge requested was as follows: "You are instructed to find a verdict for the plaintiff for the amount sued for together with a foreclosure...
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Cox v. Thee Evergreen Church, D-0938
...were personally liable. See Abrams v. Brent, 362 S.W.2d 155, 159 (Tex.Civ.App.--Austin 1962, writ ref'd n.r.e.); Summerhill v. Wilkes, 63 Tex.Civ.App. 456, 133 S.W. 492, 493 (1910, no writ). In regard to tort actions, member liability depended upon such factors as the nature of the associat......
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Karl Rove & Co. v. Thornburgh
...35, 39 (1926) (second alteration in original)), cert. denied, 148 Ill.2d 653, 183 Ill.Dec. 31, 610 N.E.2d 1275 (1993).80 Summerhill v. Wilkes, 133 S.W. 492, 493 (Tex.Civ.App.1910, no writ) (stating that member of church, an unincorporated nonprofit association, who signed contract is respon......
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Peeples v. Enochs,
... ... contract signed by an officer in his official capacity binds ... him individually and not the church ... Summerhill ... v. Wilkes, 63 Tex. Civ. App. 456, 133 S.W. 492, 493; C ... S. Forsberg et al. v. Harry J. Zehm, 143 S.E. 284, 61 A ... L. R. 232; Catlett v ... ...
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Henry Pilcher's Sons, Inc. v. Martin
... ... v. Hall ... et al., 99 Fla. 1206, 128 So. 635, 637, in which this ... court said: ... ' ... In Summerhill v. Wilkes, 63 Tex.Civ.App. 456, 133 ... S.W. 492, 493, a case where the building committee of a ... church was sued on a contract made by the ... ...