Parten v. Martin
Court of Appeals of Texas
Appeal from Cooke County Court; H. S. Holman, Judge. Suit by John B. Martin against Wylie Par-ten. Judgment for plaintiff, and defendant appeals.
1Opinion
On Motion for Rehearing.
[4, 5] The appellee insists that, since that action is founded upon a tort, the entire damages accrued at the time the tort was committed; that is, his cause of action arose when the deception was consummate in the assumption by him of the outstanding indebtedness against his land. The right to recover damages for tortious conduct accrues when the injury occurs. In this case the appeUee can claim an injury in only one or the other of two respects: First, by being made liable for a debt in excess of what he agreed to pay as a part of the consideration for the land…
2Cases cited5 opinions
- Thomas v. EllisonTexas Supreme Court · 1909
- McClelland v. MooreTexas Supreme Court · 1877
- Walker v. Lawler's HeirsTexas Supreme Court · 1876
- Pecos River R. Co. v. Reynolds Cattle Co.Court of Appeals of Texas · 1911
- Richardson v. HarrisonCourt of Appeals of Texas · 1894