First Nat. Bank of Brenham v. Schaer

O’QUINN, Justice.

Robert Schaer sued the First National Bank of Brenham alleging that he was the owner and holder of a certain instrument in writing, in words and figures, as follows:

He alleged: That said instrument was commonly known as a “bill of exchange.” That it represented the title to the cotton as expressed upon its face. That the clause “For 29 B. C.” was a mistake mutually made by W. A. Weimann and W. E. Schaer & Co. That in truth and in fact it represented the title to 37 bales of cotton, the purchase price of which was $2,628.30. That on October 31, 1934, W. A. Weimann of Brenham,…