Hughes Bros. Real Estate & Loan Ass'n v. Smith

FISHER, Judge,

Section B.—Appellee instituted this suit against the appellant on the 11th day November, 1890, declaring on a written contract dated April 14, 1888, signed by said corporation and under its seal, through its president, “whereby it promises to pay plaintiff the sum of $1479.25 for 1893 feet of three-rail iron fencing and seven gate posts, to be delivered and put up as soon as possible thereafter in a good and workmanlike manner.” It is further averred in the original petition, that the plaintiff “has furnished said fence and posts to the defendant, as stipulated for in said…