Barr v. Cardiff

NEILL, Associate Justice.

—This suit was brought by appellant to recover damages for an alleged breach of that part of a contract between the parties set out in our conclusions of fact. A writ of garnishment was also sued out and served in the cause.

The defendant denied the breach of the contract, and plead that he did everything in its performance that he obligated himself to do, and plead in reconvention damages for wrongfully suing out the garnishment. The question as to whether the contract was broken was the crucial issue in the case. It was submitted to the court without a jury, and…