D. June & Co. v. Brubaker
Court of Appeals of Texas
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
- John R. Jones & Co. v. HuntTexas Supreme Court · 1889
3Cited by3 opinions
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Ferguson v. Plainview Nat. BankCourt of Appeals of Texas · 1931
- McKinney v. Southwestern Liqour Co.Court of Appeals of Texas · 1918