Texas Attorney General Opinion: V-76 Page: 5 of 10
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. Alfred M. Clyde, page 5
word 'mercantile'. And the expression 'mercan-
tile establishment' must mean and refer to an
institution of mercantile business, or place,
building, or location where the'mercantile busi-
ness or the buying or selling of merchandise is
conducted or engaged in. One mercantile business
or establishment may differ from another just
as one merchant may differ from another merchant
as to the character of business engaged in. So
we have retail merchants or retail mercantile
establishments on the one hand, and wholesale
merchants or wholesale mercantile establishments
on the other hand.
"A mercantile establishment is a place
where the buying and selling of articles of mer-
chandise is conducted. Hotchkiss vs. District
of Columbia, 44 App. D.C. 73.
"The term 'mercantile business' is defined
to mean 'the buying and selling' of articles of
merchandise as an employment' in Grayham v. Hen-
dricks, 22 L. Ann. 523.
In your related facts, the subject company redeems
the book or books of stamps in merchandise; consequently, it is
not necessary for us to define goods, wares or merchandise as
set forth in the statute.
We come now to the word "sale'. In 37 Tex. Juris.,
page 69, under Sec. 2 of the subject "sales' the following defi-
nition is given:
"A 'sale' may be defined as a transfer of
personal property from one person to another for
a price in money or for -property of an agreed money
value. The Uniform Sales Act defines 'a sale of
goods' as 'an agreement whereby the seller trans-
fers the property in goods to the buyer for a con-
sideration called the price.' The definition implies
that there must be not only an 'agreement', but also
a present 'transfer' of property, or 'passage of
title', from seller to buyer, either absolutely or
conditionally, (but not necessarily a delivery),
and the payment of a price, or a promise - given or
implied - to pay."
In Johnson vs. State, Tex, Ct. Crilm. App., 55 B. W.
968, decided February 21, 1900, Brooks, Judge said:
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-76, text, March 7, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264895/m1/5/?q=%22~1~1~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.