Close v. Judson
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. George R. Scott. The appellee sued for $2500, proceeds of machinery consigned by him to appellant in the year 1859, and alleged to have been sold for account of plaintiff. The petitioner alleged that by two letters written to him on the third of July and the twelfth of September, 1860, by the defendant, the latter had acknowledged the sums of $1000 and $1500, to be due the plaintiff on account of the machinery.
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Appeal from Galveston. Tried below before the Hon. George R. Scott. The appellee sued for $2500, proceeds of machinery consigned by him to appellant in the year 1859, and alleged to have been sold for account of plaintiff. The petitioner alleged that by two letters written to him on the third of July and the twelfth of September, 1860, by the defendant, the latter had acknowledged the sums of $1000 and $1500, to be due the plaintiff on account of the machinery. Copies of these letters were filed with the petition, and “made parts” thereof in the usual phraseology, but it was not averred in…
1Opinion of the CourtWalker, J.
This was an action brought ¡in sthe district court, in which the plaintiff set out in his petition the statement-of an account between himself and the defendant, and made by the defendant; also two letters written by the defendant to the plaintiff, in which the defendant acknowledged certain sums of ¡money due from him to the plaintiff.
These instruments were made the foundation ef the action, and the plaintiff averred «their execution by the defendant.
There was no' plea ef non est factum, nor did the defendant •deny the execution ef these papers under oath, but he objected to 'the reading of…
2Cases cited2 opinions
- Fulshear v. RandonTexas Supreme Court · 1857
- Prince v. ThompsonTexas Supreme Court · 1858
3Cited by1 opinion
- Gothard v. SaundersCourt of Appeals of Texas · 1967