Legal Opinion

D. June & Co. v. Brubaker

Court of Appeals of Texas

Decided November 29, 1893No. 856PublishedCited by 3 opinions

Error from the County Court of Wichita. Tried below before Hon. W. P. Skeen. This was a suit brought by D. June & Co., a private corporation, against C. Brubaker and A. L. Brubaker, to _ recover the amount due on two promissory notes, executed by the defendants to plaintiff, for the sum of $337.50 each, with interest and attorney fees.

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Error from the County Court of Wichita. Tried below before Hon. W. P. Skeen. This was a suit brought by D. June & Co., a private corporation, against C. Brubaker and A. L. Brubaker, to _ recover the amount due on two promissory notes, executed by the defendants to plaintiff, for the sum of $337.50 each, with interest and attorney fees. Defendants answered by general exception, general denial, and a plea of counter-claim for certain Commissions claimed to be due them on a sale, made by them for plaintiff, of two portable engines, at $1350 each, at an agreed rate of 25 per cent for their…

1Opinion of the Court

STEPHENS, Associate Justice.

The counter-claim was not unliquidated, and hence could be pleaded in offset by appellees to the notes sued on by appellant. They claimed commissions at a specified rate, agreed upon for the sale of certain machinery of a specified • price and value. The failure of appellant to fill the order and consummate the trade made by its agents rendered it liable for the commissions. Jones & Co. v. Hunt, 74 Texas, 657.

The statute of limitations, however, was a bar to the counter-claim, unless avoided by pleading and proof. The proof tended to show that it came within the…

2Cases cited1 opinion

  1. John R. Jones & Co. v. HuntTexas Supreme Court · 1889

3Cited by3 opinions

  1. Callan v. WaltersCourt of Appeals of Texas · 1916
  2. Ferguson v. Plainview Nat. BankCourt of Appeals of Texas · 1931
  3. McKinney v. Southwestern Liqour Co.Court of Appeals of Texas · 1918

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