Birmingham v. Lindemann

HALL, Justice.

Appellant Joe Birmingham sued appellee Victor R. Lindemann in the County Court at Law of Dallas County to recover from appellee the sum of $513, plus interest, penalties and attorney’s fees, due on a promissory note executed by appellee, which appellant purchased from Joseph Bell Martin and Roger Smith. Appellant *844did not plead over against Martin and Smith.

Appellee defended by way of cross action, alleging he executed the note as part payment on a residence which he purchased from Martin and Smith; that said note was not to become effective until said Martin and Smith finished…