Legal Opinion

Bergman Produce Co. v. Brown

Court of Appeals of Texas

Decided April 12, 1913PublishedCited by 22 opinions

Appeal from Cottle County Court; W. E. Prescott, Judge. Action by the Bergman Produce Company against R. C. Brown. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtHendricks, J.

This is a suit by che appellant, Bergman Produce Company, against the appellee, R. C. Brown, upon a verified account, claiming a balance of $396.-34. The appellee admitted the account, except in so far as it might be defeated in whole or in part by the facts of his answer, which was based upon a purported settlement, claiming that the following checks constituted an accord and satisfaction of the balance claimed by the appellee, except the sum of $15.85, for the month - of August, which he' tendered into court:

“Brown & Jahn Kandy Kitchen. Padu-cah, Texas, June 3rd, 1910. Pay to the order of…

2Cases cited4 opinions

  1. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  2. Franklin Insurance v. VilleneuveCourt of Appeals of Texas · 1901
  3. Cunningham v. Standard Construction Co.Court of Appeals of Kentucky · 1909
  4. Sanders v. Standard Wheel Co.Court of Appeals of Kentucky · 1912

3Cited by22 opinions

  1. Buford v. Inge Const. Co.Court of Appeals of Texas · 1925
  2. Bergman Produce Co. v. BrownCourt of Appeals of Texas · 1914
  3. Fed. Sec. L. Rep. P 94,430 Marion Murtagh and William Joseph Powell v. University Computing Company, a Texas CorporationCourt of Appeals for the Fifth Circuit · 1974
  4. Great Southern Life Ins. Co. v. HeavinTexas Commission of Appeals · 1931
  5. Johnson v. Hoover & LyonsCourt of Appeals of Texas · 1914

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