Shaw v. Lumpkin

(after stating the facts as above). The assignment attacking as ^erroneous the action of the court in sustaining the exception,to part of Shaw’s answer, referred to in the statement above, is overruled. The allegations did not show that the consideration for the $499.49 note had failed in part. The effect of overruling the exception would have been to determine, erroneously, that Lumpkin had a right, without pleading fraud, accident or mistake, to contradict and vary the terms of a written instrument. Cattle Co. v. Carroll, 63 Tex. 48; Saunders v. Brock, 30 Tex. 421; Newton v. Newton, 77 Tex.…