McCormick Harvesting Machine Co. v. Slover

Opinion by

Davidson, J.

§ 236. Failure of consideration; non est factum; pleas in nature of must be sworn to; cannot be urged for first time in county court on appeal. Suit was instituted by the appellant against the appellee in justice’s court upon the following written instrument: “ Boon-ville, Texas, May 19th, ’86. Wm. Chenowith — Sir: In regard to the Woodale reaper. I will keep the reaper, and will pay all on it I agreed to pay, which is $120. I will not go back on a fair trade on account of the weather. I want you to come Monday and set it up for me. Yours respectfully, I. S. Slover.”…