Legal Opinion

John Stember Co. v. Keene

Court of Appeals of Texas

Decided December 19, 1912PublishedCited by 1 opinion

Appeal from Tarrant County Court; R, E. Bratton, Judge.. Action by John Stember & Co. against D. H. Keene. Erom a judgment for plaintiff for less than the relief demanded, he appeals.

1Opinion of the CourtHodges, J.

The appellant sued the ap-pellee in the justice court on a verified ac count amounting to $149.92 for merchandise sold and delivered. Appellee admitted the purchase of the goods and the correctness of the account as stated, but pleaded payment, or tender of payment, according to the terms of a contract which he claims was made by him with the appellant’s agent at the time the order for the goo.ds was given. Appellant recovered a judgment for $30.04 in both the justice and county courts. It now appeals, and claims that the court should have rendered a judgment in its favor for the full amount…

2Cases cited3 opinions

  1. Tompkins MacHinery & Implement Co. v. Peter & SherrillTexas Supreme Court · 1892
  2. Friedman & Sons v. KellyMissouri Court of Appeals · 1907
  3. Ryan & Miller v. American Steel & Wire Co.Court of Appeals of Kentucky · 1912

3Cited by1 opinion

  1. Lott v. Farmers' State Bank of ClarendonCourt of Appeals of Texas · 1923

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