Legal Opinion

Brothers v. Mundell, Munzesheimer & Co.

Texas Supreme Court

Decided October 26, 1883No. Case No. 1514PublishedCited by 46 opinions

Appeal from Cass. Tried below before the Hon. B. T. Estes. On the 31st of December, 1881, Mundell, Munzesheimer & Co. filed their petition in the district court of Cass county, upon an open account against John F. Brothers, in which they claimed that there was due them the sum of $615.63, for goods sold to defendant.

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Appeal from Cass. Tried below before the Hon. B. T. Estes. On the 31st of December, 1881, Mundell, Munzesheimer & Co. filed their petition in the district court of Cass county, upon an open account against John F. Brothers, in which they claimed that there was due them the sum of $615.63, for goods sold to defendant. On the same daji plaintiff filed his affidavit and bond for a writ of attachment against Brothers, which was issued, and in January, 1882, was levied on a stock of goods of John F. Brothers. On the 23d January, 1882, Henry Dennis, the intervenor, filed his original petition…

1Opinion of the Court

West, Associate Justice.

The errors assigned by the appellant. Brothers are not sufficient to require a reversal of the judgment below. The question as to whether or not he had, after arriving at full age, unconditionally affirmed the contract of purchase made-with the appellees during his minority, was submitted to the jury upon conflicting testimony, and they having found this fact against Brothers, their verdict will not for this reason be disturbed.

The bill of éxceptions taken to the ruling of the court rejecting-the testimony as to damages offered by Brothers does not inform us what that…

2Cases cited3 opinions

  1. People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
  2. Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
  3. Braley v. ByrnesSupreme Court of Minnesota · 1878

3Cited by46 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. Blackmon v. HansenTexas Supreme Court · 1943
  3. Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
  4. Bowen v. Lansing Wagon WorksTexas Supreme Court · 1898
  5. City of Tyler v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1906

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