Dollahite-Levy Co. v. Overton

The action is upon the common counts, and arises from a purchase of goods in Houston, Tex., by defendant’s wife, amounting to $207.35. The trial court gave for the defendant the affirmative charge in his behalf, and this is the sole question here presented for determination. The testimony offered by plaintiff was without dispute, defendant offering no proof.

Plaintiff’s right to recovery is rested upon the theory that certain necessaries were sold to defendant’s wife at its store in Houston, Tex., and that under the statute’ law of that state the defendant and his wife became jointly and…