Carroll v. Welch
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The appellee, Welch, brought this suit against Uarroll, the appellant, to recover compensation for work done by the plaintiff in the erection of a dwelling house for the defendant. The petition set forth a special contract by which the defendant agreed to pay the plaintiff $1,800 to do the wood work of the building, and also sought a recovery upon a quantum meruit for extra work.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The appellee, Welch, brought this suit against Uarroll, the appellant, to recover compensation for work done by the plaintiff in the erection of a dwelling house for the defendant. The petition set forth a special contract by which the defendant agreed to pay the plaintiff $1,800 to do the wood work of the building, and also sought a recovery upon a quantum meruit for extra work. The parties disagreed before the work was completed, and it was disputed as to which failed in the performance of their respective obligations under…
1Opinion of the CourtWheeler, C. J.
We do not think the objections to the depositions of Dillard, Lewis and Asians, well taken. The certificate' of the officer is a Substantial compliance with the law. (O. & W. Dig., art. 455.) It is different from the ease of Chapman v. Allen. (15 Tex., 278.) The caption of the depositions, which1 is published in the report of that case, was not considered as constituting or as intended to constitute the certificate which the statute requires. That was distinct from the caption, was found in the proper place, and failed in one of the requisites prescribed by the statute. It was therefore held…
2Cases cited1 opinion
- Chapman v. AllenTexas Supreme Court · 1855
3Cited by39 opinions
- Colbert v. Dallas Joint Stock Land BankTexas Supreme Court · 1937
- Muller v. Nelson, Sherrod & CarterCourt of Appeals of Texas · 1978
- Graves v. Allert FuessTexas Supreme Court · 1912
- Kleiner v. EubankCourt of Appeals of Texas · 1962
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
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