Weatherford M. W. & N. W. Ry. Co. v. Wood
| Decision Date | 01 January 1895 |
| Citation | 29 S.W. 411 |
| Parties | WEATHERFORD M. W. & N. W. RY. CO. v. WOOD. |
| Court | Texas Court of Appeals |
Appeal from district court, Parker county; J. W. Patterson, Judge.
Action by M. B. Wood against the Weatherford Mineral Wells & Northwestern Railway Company. There was a judgment for plaintiff, and defendant appeals. Affirmed.
B. G. Bidwell, for appellant. A. H. Culwell, for appellee.
The appellant instituted proceedings to condemn certain real estate belonging to the appellee for the purpose of a right of way in constructing its road through Parker county. These proceedings culminated in a judgment of the county court of that county condemning the land for the purpose stated, and awarding to the appellee the sum of $1,000 as compensation for the property condemned. After the rendition of this judgment, the parties verbally agreed upon a settlement and satisfaction of it on the following terms: The appellee agreed to accept, and did accept, in satisfaction thereof the sum of $800, paid him in cash by the company, and an agreement by the company to issue to him a free pass over its railway for 10 years; and, further, to stop its trains at his home, which was near the railway, to enable the appellee and his family to get on and off its cars. The pass was to be issued annually, to be good from January 1st to December 31st of each year. The precise date of this agreement is not disclosed by the record, though it appears to have been not earlier than October, 1890, nor later than March, 1891. After making the cash payment of $800 to the appellee, the appellant issued the free pass, in the manner referred to, for two years, 1891 and 1892, but refused to issue the pass or to stop its trains at appellee's home for the year 1893, and declined to further comply with the contract. Consequently the appellee brought this suit, and, as damages for the failure of the appellant to comply with its contract in the matter of issuing the pass and stopping its trains, he recovered a judgment in the sum of $400.
The sole question presented is whether the verbal contract for the breach of which appellee seeks redress is, under the facts above stated, within the fifth subsection of section 4 of the statute of frauds, which provides that no action shall be brought "upon any agreement which is not to be performed within the space of one year from the making thereof," "unless the promise or agreement upon which such action shall be brought, or some...
To continue reading
Request your trial
-
Worth Petroleum Co. v. Callihan
...80 Tex. 73, 15 S. W. 556; Ferguson-McKinney Dry Goods Co. v. Garrett (Tex. Com. App.) 252 S. W. 738; Weatherford M. W. & N. W. R. Co. v. Wood (Tex. Civ. App.) 29 S. W. 411; Wettermark v. Burton, 30 Tex. Civ. App. 509, 70 S. W. 1029; Galveston, H. & S. A. R. Co. v. Walker (Tex. Civ. App.) 16......
-
Galveston, H. & S. A. Ry. Co. v. Walker
...the release could not be set aside on the ground that the notes were not paid. Railway v. Harriett, 80 Tex. 73, 15 S. W. 556; Railway v. Wood, 29 S. W. 411; Wettermark v. Burton, 30 Tex. Civ. App. 509, 70 S. W. 1029. But the evidence is sufficient to support the finding that this accord and......
-
Weatherford, M. W. & N. W. Ry. Co. v. Wood
...Mineral Wells & Northwestern Railway Company. There was a judgment for plaintiff, which was affirmed by the court of civil appeals (29 S. W. 411), and defendant brings error. B. G. Bidwell, for plaintiff in error. A. H. Culwell, for defendant in error. DENMAN, J. Wood had a judgment against......