Dixie Distributors v. Lane

MONTEITH, Chief Justice.

This action was brought by appellee, O. Lane, for the recovery from Dixie Distributors, a partnership, and Abe K. Fisch and Nathan Clairfield, as partners, deposits made by him on cases of beer bottles, and for damages for the breach of a contract to purchase 7500 cases of beer. Appellants answered by general denial and by a plea in abatement contesting appellee’s right of recovery on the ground that the contract sought to be enforced was in violation of Article 666, Section 27(b) and 667, Section 24(j) of Vernon’s Penal Code of the State of Texas.

In the trial before…