Davidson v. Edgar
Texas Supreme Court
Appeal from Victoria. Sait by the appellee for the value of work and labor done by him for the appellant in setting sugar-kettles; answer denying all and singular, &c., payment, set-off; and ¡iSfeo: “ And for farther plea iu this behalf this defendant says that the worlc and labor in plaintiff’s petition mentioned was not performed in a workmanlike manner; and by reason thereof this defendant saith the same was wholly worthless and of no value to him, and occasioned great…
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Appeal from Victoria. Sait by the appellee for the value of work and labor done by him for the appellant in setting sugar-kettles; answer denying all and singular, &c., payment, set-off; and ¡iSfeo: “ And for farther plea iu this behalf this defendant says that the worlc and labor in plaintiff’s petition mentioned was not performed in a workmanlike manner; and by reason thereof this defendant saith the same was wholly worthless and of no value to him, and occasioned great loss to him in his sugar crop. And this he is ready to verify, &c. “And for further plea in this behalf the said defendant…
1Opinion of the CourtLipscomb, J.
We will dispose of the points in the order in which they have been presented.
A reference to the statement of the facts shows that the evidence rejected by the court was this: A witness was asked the extent or amount of the injury sustained by the defendant from the unskillful manner in which the work had been executed. This evidence, it is believed, would have been proper bad the defendant set up this injury in reconvention as a demand against the plaintiff. But no such defense was offered by the answer; and for aught that is apparent on the record, the defendant may have a suit peuding for…
2Cited by10 opinions
- Lake LBJ Municipal Utility District v. CoulsonCourt of Appeals of Texas · 1985
- Manzer v. BarnesCourt of Appeals of Texas · 1950
- Dean v. MaxwellCourt of Appeals of Texas · 1943
- Moody v. MesserCourt of Appeals of Texas · 1972
- Shasta Oil Co. v. Halliburton Oil Well Cementing Co.Court of Appeals of Texas · 1928
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