Van Norman's Ex'ors v. Wheeler
Texas Supreme Court
Appeal from Victoria. The appellee, the plaintiff in the District Court alleged in his petition, that Samuel W. Van Norman, the testator of the defendants, in his lifetime, in the month of November, A. D., 1850, by his agreement in writing, promised to pay to the plaintiff one hundred dollars, which said writing was signed by the said Samuel W. Van Norman, and is herewith filed and made a part of this petition, whereby the said Samuel W. Van Norman became indebted to the…
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Appeal from Victoria. The appellee, the plaintiff in the District Court alleged in his petition, that Samuel W. Van Norman, the testator of the defendants, in his lifetime, in the month of November, A. D., 1850, by his agreement in writing, promised to pay to the plaintiff one hundred dollars, which said writing was signed by the said Samuel W. Van Norman, and is herewith filed and made a part of this petition, whereby the said Samuel W. Van Norman became indebted to the plaintiff in the said sum of money and interest on the same at eight per cent, per annum from said signing until paid; that…
1Opinion of the CourtWheeler, J.
To the objection urged to the sufficiency of the petition, it must be answered, that the contract sued on is set out and made a part of the petition, and appears to he complete, and upon a sufficient consideration; it being a promise on the part of the defendants’ testator, in consideration of an interest thereby presently acquired in the boat-, which was the subject of the contract. The contract is without date; but a date is averred in the petition, and it is to be taken, there being nothing to the contrary appearing by the terms of the contract, that it was one act, entered into and…
2Cited by4 opinions
- Ætna Casualty & Surety Co. v. AustinCourt of Appeals of Texas · 1926
- Davis v. NicholsCourt of Appeals of Texas · 1939
- McCord v. Southwestern Sundries Co.Court of Appeals of Texas · 1913
- Lyons v. Liberty Nat. BankCourt of Appeals for the D.C. Circuit · 1933