Sanders v. Bridges
Texas Supreme Court
Appeal from Shelby. Tried below before the Hon. J. Gr. Hazlewood. Appellant brought this suit in a justice’s court to recover damages for failure of appellee to deliver a quantity of corn, under a verbal contract. Appellant had judgment in the justice court. Appellee, having appealed to the district court, pleaded as a set oif the damage he had sustained by reason of a breach by appellant of another contract between them.
Read the full summary
Appeal from Shelby. Tried below before the Hon. J. Gr. Hazlewood. Appellant brought this suit in a justice’s court to recover damages for failure of appellee to deliver a quantity of corn, under a verbal contract. Appellant had judgment in the justice court. Appellee, having appealed to the district court, pleaded as a set oif the damage he had sustained by reason of a breach by appellant of another contract between them. Appellant’s exception to the plea of set off was overruled, and the trial resulted in a verdict and judgment for appellant Sanders for twenty dollars and fifty cents.
1Opinion of the Court
Willie, Chief Justice.
The court did not err in refusing to strike out appellee’s plea of set off. The claim sued on was unliquidated in its nature, being for the value of forty and one-half bushels of corn, at one dollar and twenty-five cents per bushel. It was not ascertained by an instrument in writing; the quantity of corn claimed by the plaintiff, as well as its value per bushel, was the subject of parol proof, and both facts liable to be established at a far different amount from that claimed by the plaintiff. As an unliquidated claim, growing out of a breach of contract, it was…
2Cases cited1 opinion
- Bodman v. HarrisTexas Supreme Court · 1857
3Cited by32 opinions
- Mason v. PetersonTexas Commission of Appeals · 1923
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- People v. KerriganCalifornia Supreme Court · 1887
- Luckenbach v. ThomasCourt of Appeals of Texas · 1914
- Dashiel v. LottTexas Commission of Appeals · 1922
27 more not listed; retrieve them via the Exa API.