Travis v. Duffau
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. The petition alleged as follows: That on or about the 21st day of April, 1855, your petitioner and the said defendant Duffau had a settlement of their matters then outstanding, of all accounts, judgments, claims and demands, and that upon such settlement your petitioner was debtor to the said defendant in the sum of sixty-three j-09o dollars; that thereupon your petitioner then executed and delivered to the…
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. The petition alleged as follows: That on or about the 21st day of April, 1855, your petitioner and the said defendant Duffau had a settlement of their matters then outstanding, of all accounts, judgments, claims and demands, and that upon such settlement your petitioner was debtor to the said defendant in the sum of sixty-three j-09o dollars; that thereupon your petitioner then executed and delivered to the said defendant his bill of exchange drawn upon M. 0. Hamilton, who was then acting as the agent of your petitioner, for the…
1Opinion of the CourtRoberts, J.
The error assigned is, that the Court dismissed appellant’s petition, as not containing a cause of action.
The alleged injury complained of is the breach of a promise made by Duffau to Hamilton, agent of Travis, to discontinue a suit brought by Duffau against Travis on a draft for sixty-three t4o%- dollars. The damage complained of, is the loss of a tract of land of 1107 acres, worth five dollars per acre, situated in Wharton county, which was sold by the Sheriff of Wharton county, as the property of Travis, by virtue of an execution, issued upon the judgment rendered on said draft;—the land…
2Cited by6 opinions
- Davis v. JefferiesTexas Supreme Court · 1989
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Phoenix Furniture Co. v. McCrackenCourt of Appeals of Texas · 1928
- Thomas v. Basden & CarrellCourt of Appeals of Texas · 1928
- Williamson v. City of EastlandCourt of Appeals of Texas · 1933
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