Fowler v. Burdett
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. DuVaL. Suit by Newell W. Burdett against the plaintiff in error for the rent of one hundred and two acres of land at $5 per acre.
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Error from Travis. Tried below before the Hon. Thomas H. DuVaL. Suit by Newell W. Burdett against the plaintiff in error for the rent of one hundred and two acres of land at $5 per acre. Answer that there were only eighty acres fit for cultivation ; that plaintiff used and destroyed 300 bushels of corn, worth $225, belonging to defendant; that defendant broke in and improved ten acres of land for plaintiff, worth $8 per acre; that during same year defendant took care of twenty head of hogs for plaintiff from spring until the end of the year, which service was worth $20; that he cleared the…
1Opinion of the CourtRoberts, J.
The fourth and seventh assignments of error are relied on to reverse the judgment in this case.
4th. “ The verdict of the jury was for an amount excessive and wholly unwarranted by the evidence.”
Upon looking into the evidence, it will be seen that the items of set-off which were excluded by the jury, were the corn and the grubbing, and preparing the land for cultivation. The evidence concerning these items was not of that forcible and perti*36nent character as to constrain the Court to conclude that the jury did wrong in disregarding it. Under the rules laid down heretofore upon the subject, the…
2Cited by5 opinions
- Scott v. Lyons, Solomon & Co.Texas Supreme Court · 1883
- Blanks v. RadfordCourt of Appeals of Texas · 1945
- Skidaway Shell-Road Co. v. BrooksSupreme Court of Georgia · 1886
- Andrews v. LindleyCourt of Appeals of Texas · 1948
- Blanks v. RadfordCourt of Appeals of Texas · 1945